Scientific Evidence and DNA Profiling Crucial in Conviction Despite Victim's Family Turning Hostile
In a landmark judgment, the Delhi High Court upheld the conviction of Jahid, a stepfather, for aggravated penetrative sexual assault under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The court's decision was rooted in scientific evidence, including DNA profiling, which confirmed the accused's involvement despite the victim and her family members retracting their statements during the trial.
The case originated from a complaint by the minor victim, alleging that on the night of March 25, 2016, Jahid assaulted her while she was asleep. Although the victim and her family later turned hostile, claiming another individual named Vicky was responsible, the court was persuaded by the unimpeachable DNA evidence that matched the accused's DNA with samples from the victim's clothing.
Justice Amit Mahajan emphasized the significance of the statutory presumptions under Sections 29 and 30 of the POCSO Act, which shift the burden of proof to the accused once foundational facts are established. The court noted the victim's initial statements and the medical evidence corroborated the allegations against Jahid, triggering these presumptions.
The judgment also highlighted the importance of protecting minor victims from familial pressure and harassment, urging proactive implementation of protective measures under the POCSO Act and related rules. The court stressed the necessity of ensuring that victims are not influenced to retract their testimonies due to dependency or coercion.
The court dismissed the appeal, maintaining the original sentence of 20 years of rigorous imprisonment and a fine of Rs. 50,000, underscoring the judiciary's commitment to upholding justice in cases of child sexual abuse. The judgment serves as a reminder of the critical role of scientific evidence in securing convictions, particularly when key witnesses turn hostile.
Bottom Line:
Protection of Children from Sexual Offences Act - Conviction upheld based on unblemished scientific evidence and medical examination despite victim and family members turning hostile during trial.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 6, 29, 30; Indian Penal Code Section 376; Indian Evidence Act, 1872 Section 106; Code of Criminal Procedure, 1973 Sections 161, 164, 313, 374
Jahid v. State Govt of NCT of Delhi, (Delhi) : Law Finder Doc id # 2827820
