‘Physical relations’ cannot automatically mean sexual assault: Delhi High Court

The Delhi High Court acquitted a man in the POCSO case and said that the victim’s use of the phrase ‘physical relations’ by a minor cannot automatically amount to sexual assault.

A bench comprising Justices Prathiba M Singh and Amit Sharma allowed the appeal of the accused, who was sentenced to imprisonment for the rest of his life, and observed that it was unclear how the trial court came to the conclusion that there was any sexual assault when the victim was raped voluntarily. He went with the defendant.

The court argued that the transition from physical intercourse or ‘samband’ to sexual assault followed by penetrative sexual assault must be proven by evidence and cannot be drawn as an inference.

“The fact that the victim is under the age of 18 cannot lead to the conclusion that there was only a penetrative sexual assault. The victim actually used the expression ‘physical relations’, but it is not clear what she meant by using this expression. It was stated that the court used this expression in its decision on December 23.

“Even the use of the words ‘Samband banaya’ is not enough to constitute an offense under Section 3 of the POCSO Act or Section 376 of the IPC. Although consent is irrelevant if the girl is a minor under the POCSO Act, ‘let alone sexual assault,’ “It is not possible for physical relationships to even automatically be transformed into sexual relationships.” The statement was included.

The court said that the doubt should be in favor of the defendant and therefore ruled as follows: “The impugned decision is completely devoid of justification and at the same time does not provide or support any justification for the conviction. In the circumstances, the decision is held to be responsible. The defendant is acquitted.”

The complaint in this case was filed by the mother of the minor girl in March 2017, alleging that her 14-year-old daughter was lured away from her home by an unidentified person.

The minor was found in Faridabad along with the accused, who was arrested in December 2023 and subsequently convicted for rape under IPC and penetrative sexual assault under POCSO and was later sentenced to imprisonment for the rest of his life.