SC Upholds Conviction of Man for Sexual Assault on 4-Year-Old, Reduces Sentence to Six Years

The Supreme Court on November 13, 2025, upheld the conviction of a Chhattisgarh man for sexually assaulting a four-year-old girl but reduced his sentence from seven to six years of rigorous imprisonment, taking into account the time he has already spent in jail.

A bench of Justices N.V. Anjaria and Aravind Kumar modified a Chhattisgarh High Court order that had earlier affirmed the trial court’s conviction and maximum sentence under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The bench maintained the conviction of the accused under Sections 9(m) and 10 of the POCSO Act, which deal with aggravated sexual assault on a child below 12 years, but reduced the imprisonment term to six years. It also retained the fine of Rs. 6,000 and a default sentence of one year in case of non-payment.

According to the prosecution, the incident took place on August 15, 2021, when the child’s mother discovered the accused, dressed only in half shorts, sitting near her four-year-old daughter. The girl’s clothes were displaced, and she was crying in pain, complaining of discomfort in her private parts. The accused fled the scene when confronted.

A case was registered at Duldula Police Station, Jashpur district, under Sections 376 and 376AB of the IPC and Sections 5 and 6 of the POCSO Act. Medical examination revealed redness in the victim’s genital area, although no external injuries or bleeding were noted. The victim’s age was confirmed to be four years through her birth certificate.

During the trial, both parents of the victim testified consistently. The trial court found their evidence credible and sentenced the accused to seven years’ rigorous imprisonment. The High Court upheld the verdict in March 2025.

Before the Supreme Court, the appellant argued that the absence of eyewitnesses and physical injuries created reasonable doubt about the allegations. However, the bench rejected this defence, holding that the consistent testimony of the mother and the conduct of the victim in court were sufficient to establish guilt.

Court took note of how the minor victim reacted during her testimony. When the accused was presented in court without a mask, the child became frightened, refused to look at him, and began crying uncontrollably. The bench described this behaviour as a reflection of the “trauma-filled state of mind” of the child, reinforcing the credibility of the prosecution’s case.

Justice Anjaria, writing for the bench, observed that “medical evidence will take a backseat” when credible ocular evidence is available.

Court concluded that both the trial court and the high court had correctly appreciated the evidence and reached a legally sound conclusion.

While affirming the conviction, the bench reduced the sentence from seven to six years, noting that the appellant had already served over four years and five months in custody. “In the totality of facts and circumstances, the court is inclined to reduce the sentence,” the judgment stated.

Court clarified that all pending applications stood disposed of following the partial allowance of the appeal.

Case Title: Dinesh Kumar Jaldhari v. State of Chhattisgarh

Judgment Date: November 13, 2025

Bench: Justices N.V. Anjaria and Aravind Kumar