New Delhi: A Delhi court has convicted a man of raping a minor under sections of Indian Penal Code and POCSO, despite the victim and other witnesses turning hostile and changing their statements.
The court of additional sessions judge (POCSO) Amit Sahrawat said that although the survivor, along with other public witnesses, had turned hostile, these witnesses were influenced by the accused and they did not depose honestly.
“Without sexual intercourse, DNA of the accused could not be present on the private parts of the survivor and this fact conclusively proves that accused had sexual intercourse with the child victim. Further, it is immaterial whether such intercourse took place with or without the consent of victim,” the court said.
The survivor was 14 years and four months of age when she was sexually assaulted in 2017. After her parents lodged a missing complaint with police, she was found in Bihar in the company of the accused. During her testimony, she turned hostile and did not support the prosecution’s case.
Special public prosecutor Vineet Dahiya submitted before the court that although the victim had turned hostile, but the DNA report was sufficient proof of sexual intercourse.
The main limb of the defence argument was that the victim had turned hostile.
However, as per the forensic report, traces of semen of the accused were found on the inner as well as outer clothes of the survivor and on her private parts, the court noted.
The court pulled up the investigating officer, stating that the IO has failed to investigate properly. It was obligatory on the IO to join independent public persons in the investigation as the spot was a public place. Further, the IO should have brought on record the CCTV footage of a railway station where victim was found in the company of accused, but IO failed to do so, the court said.
The accused submitted that he was falsely implicated because survivor’s family had borrowed money from his and were unable to repay the loan. So, they falsely implicated him.
The court of additional sessions judge (POCSO) Amit Sahrawat said that although the survivor, along with other public witnesses, had turned hostile, these witnesses were influenced by the accused and they did not depose honestly.
“Without sexual intercourse, DNA of the accused could not be present on the private parts of the survivor and this fact conclusively proves that accused had sexual intercourse with the child victim. Further, it is immaterial whether such intercourse took place with or without the consent of victim,” the court said.
The survivor was 14 years and four months of age when she was sexually assaulted in 2017. After her parents lodged a missing complaint with police, she was found in Bihar in the company of the accused. During her testimony, she turned hostile and did not support the prosecution’s case.
Special public prosecutor Vineet Dahiya submitted before the court that although the victim had turned hostile, but the DNA report was sufficient proof of sexual intercourse.
The main limb of the defence argument was that the victim had turned hostile.
However, as per the forensic report, traces of semen of the accused were found on the inner as well as outer clothes of the survivor and on her private parts, the court noted.
The court pulled up the investigating officer, stating that the IO has failed to investigate properly. It was obligatory on the IO to join independent public persons in the investigation as the spot was a public place. Further, the IO should have brought on record the CCTV footage of a railway station where victim was found in the company of accused, but IO failed to do so, the court said.
The accused submitted that he was falsely implicated because survivor’s family had borrowed money from his and were unable to repay the loan. So, they falsely implicated him.