Lack of Corroborative Evidence and Contradictions in Victim's Testimony Lead to Acquittal
In a significant ruling, the Delhi High Court on August 19, 2026, acquitted the accused in a high-profile child sexual assault case due to the lack of corroborative evidence and inconsistencies in the victim's testimony. The bench, comprising Justices Prathiba M. Singh and Vikas Mahajan, overturned the conviction handed down by the trial court in September 2025, which had sentenced the accused to rigorous imprisonment for life under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act).
The case involved allegations that, on August 22, 2018, the accused committed an aggravated penetrative sexual assault on a 10-year-old girl near a public toilet in New Delhi. The trial court had convicted the accused based on the testimony of the child victim, which was deemed reliable and trustworthy at the time.
However, upon appeal, the Delhi High Court found significant contradictions and inconsistencies in the victim's testimony, particularly concerning the identification of the accused. The court noted the absence of corroborative evidence, including the non-matching DNA profiles and inconclusive forensic evidence, which severely undermined the prosecution's case. Additionally, the recovery of a blindfold cloth without independent witnesses further weakened the prosecution's narrative.
The court emphasized the legal principle that the sole testimony of a child victim, if reliable and trustworthy, can sustain a conviction without corroboration. However, in this case, the contradictions and lack of evidence raised substantial doubt regarding the accused's involvement, leading to the acquittal.
The High Court's ruling highlights the critical importance of corroborative evidence in cases relying primarily on the testimony of child victims, particularly when such testimony is marked by discrepancies and inconsistencies.
Bottom Line :
Testimony of child victim in sexual assault case - Sole testimony of child victim, if reliable and trustworthy, can sustain conviction without corroboration - However, contradictions and inconsistencies in child's testimony, absence of corroborative evidence, and doubt on integrity of prosecution's case led to acquittal of accused.
Statutory provision(s): Indian Penal Code, 1860 Sections 376AB, 341, 323; Protection of Children from Sexual Offences Act, 2012 Section 6; Evidence Act, 1872 Section 118; Criminal Procedure Code, 1973 Section 428.
P (Identity Redacted) v. State (NCT of Delhi), (Delhi)(DB) : Law Finder Doc id # 2962980
