‘Physical relations’ cannot automatically mean sexual assault, says Delhi High Court | Latest News India

Delhi high court acquits a man Protection of Children from Sexual Offenses Act (POCSO) The use of the phrase ‘physical relations’ by the minor survivor cannot automatically amount to sexual assault, PTI reported.

The high court bench, comprising Justices Pratibha M Singh and Amit Sharma, accepted the appeal of the accused, who was sentenced to imprisonment for the rest of his life. The court observed that it was unclear how the trial court came to conclude that there was any sexual assault if the surviving minor went with the defendant “voluntarily.”

According to the PTI report, the high court stated that “transition from physical intercourse or ‘sambandh’ to sexual assault followed by penetrative sexual assault has to be proven by evidence” and cannot be drawn as an inference.

ALSO READ: Women should not abuse cruelty law for ‘personal revenge’ against husbands: Supreme Court

“The mere fact that the victim is under the age of 18 cannot lead to the conclusion that there was a penetrative sexual assault. The victim actually used the expression ‘physical relations’, but there is no clarity on what she meant by using this expression. PTI quoted the decision given 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 challenged decision is completely devoid of justification and at the same time does not provide or support any justification for the conviction. In this case, the verdict may be overturned. The plaintiff is acquitted.”

ALSO READ: ‘Even acquittal cannot erase the scars’: SC criticizes abuse of dowry laws

What was the situation?

According to a PTI report, the complaint in this case was filed by the minor girl’s mother in March 2017, alleging that her 14-year-old daughter was tricked and abducted 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.