Child Victim Testimonies Demand Deeper Scrutiny, Says Delhi High Court

The Delhi High Court has observed that the testimony of child victims requires deeper scrutiny, noting that children are often prone to tutoring. Court emphasised that such testimony must be carefully evaluated against surrounding circumstances to determine whether it inspires confidence.

“Indeed, it is trite law that the testimony of the child victim requires deeper scrutiny, the children being prone to tutoring. The testimony is to be carefully evaluated in the light of attending circumstances to see if the same inspires confidence. The Court is required to see as to whether the child victim is wholly reliable, wholly unreliable or partly reliable,” court said

In doing so, a bench presided over by Justice Manoj Kumar Ohri dismissed a plea filed by a man named Pawan, who had challenged his 20-year conviction under Sections 342, 365, 506, and 376 of the IPC, along with Section 4 of the POCSO Act.

According to the prosecution, the victim, a 13-year-old student of Class VIII, was unwell on the date of the incident and had not attended school. At about 11:30 a.m., while proceeding to the house of her grandmother situated a few meters away from her residence, she was accosted by the accused Pawan, who gagged her mouth with a cloth from behind, took her to his house, and threatened to kill her in case she disclosed the incident to anyone.

It was alleged that the accused thereafter removed her pajama, pressed her neck, and committed rape upon her. On December 1, 2017, the victim, accompanied by her parents, reported the incident at Police Station Khyala. The Investigating Officer, SI Satyawati, took the victim along with her mother to DDU Hospital, where she was medically examined and her exhibits were seized.

The counsel for the appellant, while denying the prosecution’s case, claimed it to be a case of false implication. The counsel primarily attacked the testimony of the child victim, contending that it did not inspire confidence as it was full of material inconsistencies with her previous statements and was allegedly motivated by a prior monetary dispute between her father and the appellant.

The counsel further sought to discredit the victim’s testimony on the ground that it was not corroborated by the material facts revealed in the medical and forensic examination reports. It was argued that although the minor had stated that the appellant, after committing the offence, had discharged semen inside her vagina, the FSL report indicated that neither semen was detected nor was any male DNA extracted from the vaginal swab of the victim.

Taking note of the submissions, the court said that the child victim categorically stated she was already known to the present appellant. It added,” The testimony sought to be doubted for not stating the timelines of the incident and its reporting as stated by the other persons, it is not to be forgotten that the child victim, 13 years of age, was first examined on 25.09.2018 after a gap of around one year. Minor variations or inconsistencies as alleged, as to the reason for child victim to go to the house of her grandmother are immaterial and do not cast a doubt on the relevant facts stated by her.”

Referring to Section 29 of the POCSO Act, the court observed that it shall be presumed that the accused has committed the offence with which he is charged, until the contrary is proved. However, before such presumption can operate, the prosecution is required to establish the foundational facts.

Accordingly, the court held that in the present case, the prosecution had successfully laid the foundation of the facts, thereby bringing into play Section 29 of the POCSO Act, and the appellant had miserably failed to rebut the said presumption. Court added that defence taken by the appellant was found to be untenable and was rightly discredited by the trial court.

Case Title: PAWAN versus STATE (NCT OF DELHI)

Judgement Date: 14 August 2025

Bench: Justice Manoj Kumar Ohri