Delhi High Court Acquits Raju in Sexual Assault Case, Citing Lack of Credible Evidence
Court finds inconsistencies in victim's age and testimony; Accused granted benefit of doubt
In a significant judgment, the Delhi High Court has acquitted Raju, who was previously convicted under the Protection of Children from Sexual Offences Act, 2012, and various sections of the Indian Penal Code (IPC) related to kidnapping and sexual assault. The Division Bench, comprising Justice Vivek Chaudhary and Justice Manoj Jain, delivered the verdict on October 8, 2025, granting Raju the benefit of doubt due to unreliable evidence and inconsistencies regarding the age and testimony of the prosecutrix, referred to as 'Miss A'.
The case dates back to June 2014, when 'Miss A', purportedly aged 14, was reported missing by her father. An FIR was registered under Section 363 IPC, suspecting that she had been enticed away by the accused, Raju. Subsequent investigations led to charges under Section 366, 376 IPC, and Section 4 of the POCSO Act.
During the trial, the prosecution relied heavily on the school records indicating 'Miss A's' date of birth as February 10, 2004, which suggested she was a minor at the time of the incident. However, the ossification test conducted later revealed her age to be between 17 to 18 years. The court noted discrepancies between the school record and the victim's actual age, as well as the absence of a birth certificate, which cast doubt on the prosecution's claim.
The High Court emphasized that the testimony of the prosecutrix must be of sterling quality and corroborated by reliable evidence. It found the testimony of 'Miss A' inconsistent and lacking in credibility, particularly as she did not raise an alarm during her alleged abduction and journey with the accused. The court also noted that several public witnesses did not support the prosecution's narrative.
The judgment highlighted the principles laid out in previous Supreme Court rulings, stressing the importance of corroborative evidence and the need for the prosecution to prove its case beyond reasonable doubt. The court remarked that the story presented by the prosecution was improbable and failed to establish the age and circumstances of 'Miss A' beyond doubt.
Given these findings, the court acquitted Raju of all charges, directing his immediate release from jail. However, as per Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Raju is required to furnish a personal bond and surety before his release to ensure his availability for any further proceedings.
The judgment serves as a critical reminder of the judiciary's role in safeguarding the rights of the accused while ensuring justice for victims. It underscores the necessity of credible evidence and corroboration in securing convictions in sensitive cases involving allegations of sexual assault.
Bottom Line:
The testimony of a prosecutrix in sexual assault cases must inspire confidence and be corroborated by reliable evidence, especially when the age of the victim and the element of consent are in question. Conviction cannot be sustained if the evidence is improbable, lacks credibility, or is belied by other circumstances.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 - Section 4, Indian Penal Code, 1860 - Sections 363, 366, 376, Juvenile Justice (Care and Protection of Children) Act, 2000, Juvenile Justice (Care and Protection of Children) Rules, 2007, Evidence Act, 1872, Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 481.
Raju v. State (GNCT of Delhi), (Delhi)(DB) : Law Finder Doc Id # 2791034
