Despite Victim and Witnesses Turning Hostile, Scientific Evidence Forms Sole Basis for Conviction
In a landmark decision, the Delhi High Court has upheld the conviction of an accused under Section 6 of the Protection of Children from Sexual Offences (PoCSO) Act, 2012, and Section 376(2)(f) of the Indian Penal Code, 1860, based solely on DNA evidence. The case, Mannu v. State (Govt. of NCT) of Delhi, was presided over by Justice Chandrasekharan Sudha, who delivered the judgment on January 22, 2026.
The appellant, Mannu, was accused of committing penetrative sexual assault on a 14-year-old girl, resulting in her pregnancy. Despite the victim and her mother turning hostile during the trial, the DNA evidence presented was deemed sufficient for conviction. The court emphasized that scientific evidence, such as DNA profiling, can establish guilt beyond a reasonable doubt even in the absence of corroborative testimony from the victim or witnesses.
The judgment detailed the procedural history, including the registration of the crime and the subsequent investigation. The trial court had convicted Mannu, sentencing him to ten years of rigorous imprisonment and imposing a fine of Rs. 20,000. The defense argued discrepancies in the handling of forensic samples, suggesting potential tampering. However, the court found no merit in these claims, noting that the DNA report clearly identified the accused as the biological father of the child born to the minor victim.
In addition to confirming the reliability of DNA evidence, the court addressed procedural issues concerning Section 313 and Section 232 of the Criminal Procedure Code, 1973. It concluded that non-compliance with these sections did not prejudice the accused, thereby not affecting the validity of the proceedings.
The decision is significant in reinforcing the role of scientific evidence in criminal convictions, particularly in cases involving vulnerable victims. It underscores the judiciary's commitment to upholding justice through reliable evidence, even when direct testimonies may falter.
Bottom Line:
Conviction under Section 6 of the PoCSO Act and Section 376(2)(f) IPC can be sustained based on DNA evidence, even if the victim and witnesses turn hostile.
Statutory provision(s): Section 6 of the PoCSO Act, 2012, Section 376(2)(f) of the IPC, Section 313 and Section 232 of the Criminal Procedure Code, 1973.
Mannu v. State (Govt. of NCT) of Delhi, (Delhi) : Law Finder Doc id # 2842451
