Minor victim’s ‘sterling’ testimony ensures jail term to rape convict

The Delhi high court said the 7-year-old victim was able to describe the incident and had a clear picture in describable words

The Delhi high court has upheld the five years imprisonment awarded to a man for sexually assaulting a seven-year-old boy in his house, noting the statement of the child victim was of “sterling quality” and his testimony inspired confidence.

According to the prosecution, the accused man along with his friend had entered the child’s house after threatening him to open the door and sexually assaulted the minor. (HT Photo)

According to the prosecution, the accused man along with his friend had entered the child’s house after threatening him to open the door and sexually assaulted the minor. The man had threatened the child not to disclose the incident to anyone.

Later, the child informed his mother about the incident after which a case was lodged by the police.

The accused had challenged the conviction and sentence awarded to him by the trial court for sexual assault and harassment on a 7-year-old boy under the Protection of Children from Sexual Offences Act, 2012 (POCSO). The man had claimed he was falsely implicated in the case because of a previous animosity between him and the victim’s mother.

In its order, justice Jasmeet Singh said that the it is not expected that a child of a tender age would behave like an adult by raising the alarm promptly and added that in this case, the victim, with his vocabulary and comprehension, was able to describe the incident and had a clear picture in describable words.

“The statement of the child victim is of sterling quality. The combined evidence of the prosecution lays down the foundational facts which disclose the commission of offence and this court finds no reason to disbelieve or discredit the statement of the child victim. Hence, the testimony inspires confidence,” the court said.

It added that the boy at 7 years of age, is not expected nor is it possible for a child of his age to recapitulate the harrowing incidents with mathematical precision.

“The court cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly,” the court said.