MLC Not Showing Injuries Doesn’t Undermine Minor's Assault Statement: Delhi HC

The Delhi High Court has recently observed that merely because the medical report of the prosecutrix does not reflect injuries, her explicit statement about assault cannot be discarded.

Justice Girish Kathpalia made these observations while dealing with the case of a man and his wife in a 2016 matter filed by an alleged minor victim who had been working as a receptionist in the accused's company.

The prosecutrix, a minor, was allegedly lured into a relationship on the false promise of marriage by the man. She was assaulted multiple times. On July 27, 2016, when she confronted him at his home, the man and his wife allegedly beat and confined her.

The First Information Report (FIR)  was registered for offences under Sections 376, 377 IPC. After investigation, the local police filed a chargesheet against the accused for offences under Sections 376, 377, 323, 342, 34 IPC and Section 6 of the POCSO Act.

However, the trial court had discharged both the man and his wife from charges under Sections 323 (voluntarily causing hurt) and 342 (wrongful confinement) of the IPC.

The State had therefore moved the High Court challenging the trial court's order. It also sought reinstatement of these charges, arguing that a prima facie case was made out.

Disagreeing with the trial court, the High Court said,"Merely because MLC of prosecutrix does not reflect injuries, the explicit statement of the prosecutrix that she was beaten up cannot be discarded. Whether or not leg blows in abdomen and striking of head against the wall would lead to noticeable injuries, not found in the MLC, would be explainable in many ways, which can be done only during trial and not at the stage of charge by minute examination."

Similarly, regarding the alleged confinement of the prosecutrix, the Court noted her explicit statement in the FIR, “Mujhe apne ghar band rakha”. 

In this regard, the Court said, “For wrongful confinement, it is not necessary that the victim must be immobilized by tying hands. Confinement within a room… would suffice in order to make out a prima facie case.”

Accordingly, the Court set aside the discharge order and remanded the matter back to the trial court for fresh consideration.

"Therefore, the present petition is allowed, setting aside discharge of the respondents for offence under Section 323/342/34 IPC and matter is remanded back to the learned trial court to decide afresh on these aspects," the Court added.

Case Title: The State Govt of NCT of Delhi vs Mukesh & Anr

Judgment Date: 18 July 2025

Bench: Justice Girish Kathpalia