Conviction based on sole testimony of child victim upheld despite minor contradictions
Delhi High Court Upholds Conviction Based on Sole Testimony of Child Victim in Sexual Offense Case. Court dismisses appeal, emphasizes credibility of child's testimony despite minor contradictions
News Report:
In a significant ruling, the Delhi High Court has upheld the conviction of Nand Lal Singh, who was sentenced to 20 years of rigorous imprisonment for sexually assaulting an 11-year-old girl. The court dismissed Singh's appeal against the judgment of conviction dated July 25, 2024, and the sentencing order dated October 26, 2024, reinforcing the principle that the sole testimony of a credible child witness can be sufficient for conviction.
The case, which revolved around the testimony of the minor victim, highlighted the challenges and complexities in prosecuting sexual offenses involving children. Despite the absence of corroborative evidence such as injuries or semen traces, the court found the victim's testimony to be of sterling quality, consistent, and credible on the core aspects of the crime.
Justice Neena Bansal Krishna, presiding over the appeal, meticulously analyzed the alleged contradictions in the victim's statements. The court observed that minor variations in her testimony were natural, especially given the child's tender age and the passage of time since the incident. These variations, the court noted, did not undermine the reliability of her account of the assault.
The judgment underscored the established legal principles regarding the credibility of child witnesses, reaffirming that a competent child's testimony does not require corroboration if it inspires confidence. The court also addressed the defense's claims of false implication due to a third-party dispute, dismissing them as baseless and unsubstantiated due to lack of evidence.
In its detailed examination, the court acknowledged the absence of CCTV footage showing the accused and the victim together but deemed it non-fatal to the prosecution's case, emphasizing the limitations of camera placement and the sufficiency of the victim's testimony.
The ruling is a significant reiteration of the judiciary's stance on the weight of child testimony in sexual offenses, setting a precedent for future cases and highlighting the importance of protecting child victims in the legal system.
Bottom Line:
Conviction based on sole testimony of child victim upheld despite minor contradictions; testimony found consistent on core issues of the crime and of sterling quality.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012, Section 6; Indian Penal Code, 1860, Section 376(3); Evidence Act, 1872, Section 114A; Code of Criminal Procedure, 1973, Section 164; Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Section 374(2), Section 36.
Nand Lal Singh v. State through Sho Ps Adarsh Nagar, (Delhi) : Law Finder Doc Id # 2780070
