Court affirms reliability of victim's testimony despite omissions in medical history and validates DNA evidence proving accused as biological father of the foetus
In a landmark judgment dated October 8, 2026, the Kerala High Court upheld the conviction and stringent sentences imposed on the appellant, Shilpi, for multiple serious offences including aggravated penetrative sexual assault and repeated rape of a minor victim under the Protection of Children from Sexual Offences Act (POCSO), 2012, as well as related offences under the Indian Penal Code (IPC).
The case, originally tried by the Special Court under the POCSO Act in Thiruvananthapuram, involved the sexual assault of a 17-year-old girl by the accused on two separate occasions in August and September 2021. The assaults resulted in the victim's pregnancy, a fact that was substantiated by medical and forensic evidence during trial.
The appellant challenged the conviction primarily on two grounds: first, the omission by the minor victim to narrate the full details of the repeated assaults to the examining doctor during medical history recording; and second, alleged procedural lapses concerning the collection, preservation, and transportation of DNA samples used to establish paternity of the foetus.
Rejecting the first contention, the court clarified that a victim of sexual assault is not legally required to disclose every detail of the incident during medical examination. The court emphasized that the purpose of medical history is diagnostic and not a detailed testimonial record, and thus, omissions in this context do not amount to material contradictions that could discredit the victim's statement given to the police or magistrate. The court observed that subjecting a child victim to repeated trauma by demanding exhaustive details in every forum would be unjust and detrimental to the victim's well-being.
Regarding the second contention, the court found that the DNA evidence was reliable and admissible. The prosecution successfully demonstrated that the blood sample of the accused was collected and forwarded for DNA profiling in a tamper-proof manner, with proper documentation (mahazar) and expert testimony confirming the match between the accused's DNA and the foetal sample. The court rejected the defense's argument citing non-compliance with guidelines, holding that no material deficiency was established that would impair the integrity of the DNA evidence.
The Kerala High Court affirmed the Special Court's conviction of the accused under Sections 450 (criminal trespass), 342 (wrongful confinement), 376(2)(n) (rape causing pregnancy), and 506(ii) (criminal intimidation) of the IPC, along with Sections 3(a) r/w 4, 5(j)(ii), and 5(l) r/w 6 of the POCSO Act. The court confirmed the sentences, including the mandatory minimum of 20 years rigorous imprisonment for the offences of aggravated penetrative sexual assault resulting in pregnancy and repeated sexual assault, along with fines and compensation for the victim.
This decision reinforces the judiciary's firm stance on protecting child victims of sexual offences, validating scientific evidence like DNA profiling, and providing clarity on evidence appreciation standards in sensitive cases involving minor victims.
Bottom Line:
POCSO - Omission by minor victim to narrate every detail of repeated sexual assault before doctor in medical history is not a material omission so as to discredit her testimony - DNA profiling, when shown to be properly collected and forwarded in tamper-proof manner, can validly establish paternity of foetus and support conviction for aggravated penetrative sexual assault resulting in pregnancy and repeated assault.
Statutory provision(s):
Protection of Children from Sexual Offences Act, 2012 Sections 3(a), 4, 5(j)(ii), 5(l), 6, 11(iv), 11(v), 12; Indian Penal Code Sections 342, 376(2)(n), 450, 506(ii).
Shilpi v. State of Kerala, (Kerala) : Law Finder Doc Id # 2994945
