Delhi HC Overturns 16-Year-Old Rape Acquittal

5:08 AM ETDeveloping

Health Desk

In Short: The Delhi High Court has overturned a 16-year-old rape acquittal, citing flaws in the trial court's reliance on a four-year-old victim's testimony and its incorrect interpretation of the absence of the word 'penetration'.

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The Delhi High Court has overturned a rape acquittal from 16 years ago, citing various flaws in the trial court's order, including its excessive reliance on the language used by a then four-year-old child to describe the offense. The court noted that a child of that age is incapable of understanding or articulating the legal ingredients of the offense and cannot be expected to describe the act in precise language.

In its order, the court stated, 'The Court must remain sensitive to the fact that a child of four years is incapable of understanding or articulating the legal ingredients of the offence and cannot be expected to describe the act in precise language. A perusal of the statement of the prosecutrix…reveals that she was hesitant, fearful, and shy while recounting the incident, reflecting the trauma she had undergone.

The court also criticized the trial court for erroneously holding that the prosecution had failed to prove rape merely because the victim had not expressly used the word 'penetration' in her testimony. The High Court clarified that this reasoning was incorrect and overturned the acquittal.

This decision highlights the importance of judicial sensitivity in handling cases involving young victims and the need to interpret testimonies in a manner that reflects the trauma and limitations of the child witness.

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The Delhi High Court has overturned a rape acquittal from 16 years ago citing various flaws in the order of the trial court, including its excessive reliance on the language used by a then four-year-old child to…
“The Court must remain sensitive to the fact that a child of four years is incapable of understanding or articulating the legal ingredients of the offence and cannot be expected to describe the act in precise…
“We are also unable to comprehend to the reasoning of the learned Trial Court that the offence of rape remained unproved merely because the prosecutrix did not expressly use the word “penetration” in her testimony,”…
The court had erroneously held that the prosecution had failed to prove rape merely “because the victim had not expressly used the word “penetration” in her testimony”, Usman argued.
Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023.

Sources

The Indian Expresslink