“Physical Relations Can’t Automatically Mean Sexual Assault”: Delhi HC

The Delhi High Court has overturned the conviction of a man sentenced under the Protection of Children from Sexual Offences Act (POCSO), ruling that the term “physical relations” used by the minor survivor does not automatically indicate sexual assault.

The bench, comprising Justices Pratibha M. Singh and Amit Sharma, allowed the appeal filed by the accused, who had been sentenced to life imprisonment. The court noted that the trial court had failed to provide clear reasoning on how the conclusion of sexual assault was drawn, especially since the survivor had “voluntarily” accompanied the accused.

In its ruling, the High Court emphasized that the phrase “physical relations” or “sambandh” must be connected to specific evidence of sexual assault. “The mere fact that the survivor is below 18 years cannot lead to the presumption of penetrative sexual assault. The survivor referred to ‘physical relations,’ but there is no clarification on what she meant by that term,” the court stated.

The judges also pointed out that the expression “sambandh banaya” (established a relationship) was not enough to prove an offence under Section 3 of the POCSO Act or Section 376 of the Indian Penal Code (IPC). While the absence of consent is a key factor in cases involving minors, the use of “physical relations” alone cannot automatically be interpreted as sexual intercourse or assault, the court ruled.

The court concluded that the accused should benefit from the doubt, stating, “The judgment lacks reasoning and does not adequately justify the conviction. In such a situation, the judgment should be set aside. The appellant is acquitted.”

Case Background

The case stemmed from a complaint filed in March 2017 by the mother of a 14-year-old girl. She alleged that her daughter had been kidnapped by an unknown individual. The girl was later found in Faridabad with the accused, who was arrested and initially convicted in December 2023 for charges of rape and penetrative sexual assault under POCSO.

The court sentenced him to life imprisonment, but this verdict was reversed by the Delhi High Court.

This decision underscores the need for precise evidence to establish a charge of sexual assault and highlights the importance of clarity when interpreting terms in legal proceedings involving minors.

Read More: India Set to Launch Space Docking Experiment Mission Tonight