Delhi High Court Upholds Conviction in Child Sexual Assault Case
Rajendra Singh's appeal against conviction dismissed; testimony of child victim deemed reliable and sufficient for conviction under POCSO Act
In a significant judgment, the Delhi High Court has dismissed the appeal filed by Rajendra Singh, upholding his conviction under the Protection of Children from Sexual Offences (POCSO) Act for sexually assaulting a seven-year-old girl. The judgment, delivered by Justice Manoj Kumar Ohri, emphasized that the testimony of a child victim, if found reliable, does not require corroboration for conviction.
The case dates back to 2016, when the victim, identified as Ms. VJ, accused Rajendra Singh of sexually assaulting her in his shop. The trial court had convicted Singh based on the child's consistent and reliable account of the incident, corroborated by medical evidence. Singh was sentenced to five years of rigorous imprisonment and fined Rs. 30,000, with an additional ten months of simple imprisonment in default of payment.
The High Court, in its judgment dated October 6, 2025, reiterated the legal position that the evidence of the victim of sexual assault is sufficient for conviction and does not require any corroboration unless there are compelling reasons for seeking the same. The court referred to precedents such as the Supreme Court's ruling in State of Punjab v. Gurmit Singh, which supports the conviction based on the sole testimony of the child victim.
During the trial, the child victim had consistently described the assault, stating that Singh had made her sit on his lap, sucked her cheeks, and inserted his finger into her vagina. Her testimony was corroborated by medical evidence indicating redness on her labia minora, observed during a medical examination conducted shortly after the incident.
The defense had argued that the incident was fabricated due to a dispute over a defective product purchased from Singh's shop. However, the High Court found no merit in these claims, noting the consistent testimony of the victim and her mother, who reported the incident to the police immediately.
The court also addressed procedural concerns raised by the defense, including the appointment of an amicus curiae on the day of the mother's examination. It was noted that adequate opportunity was provided for cross-examination, with the mother being recalled for further questioning.
The judgment concluded that the appeal lacked merit, and Singh's conviction was upheld. The court directed Singh to be taken into custody to serve the remaining part of his sentence, cancelling his bail bonds and discharging the sureties.
Bottom Line:
Testimony of a child victim of sexual assault, if found reliable, does not require corroboration for conviction.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 - Sections 7, 9, 10; Criminal Procedure Code, 1973 - Section 386(b)(iii); Indian Penal Code - Section 376; Evidence Act, 1872
Rajendra Singh v. State (Govt of NCT of Delhi), (Delhi) : Law Finder Doc Id # 2789829
