‘Can’t expect 4-yr-old to describe assault precisely’: Delhi HC overturns rape acquittal

The Delhi High Court has overturned a rape acquittal from 16 years ago, citing flaws in the trial court's decision-making process. The court acknowledged that a four-year-old child cannot be expected to describe the act of rape in precise legal terms, as their understanding and articulation of such events may not be fully developed.

The bench of Justices Ravinder Dudeja and Navin Chawla emphasized that the testimony of a child witness must be evaluated based on its substance, the surrounding circumstances, and the natural manner in which the child narrates a traumatic incident.

The court rejected the argument that the accused was acquitted because the prosecution did not explicitly use the word "penetration" in the victim's testimony. The Delhi Police had challenged the April 10, 2010, judgment, arguing that the trial court erred by convicting the accused under Section 354 IPC, which deals with assault or criminal force to a woman with intent to outrage her modesty, while acquitting him of the rape charge under Section 376 IPC.

The police contended that the trial court should have recognized the medical and forensic evidence presented in support of the prosecution's case, which corroborated the victim's account of the assault.

The court highlighted the victim's trauma and the consistency of her testimony, noting that her prompt disclosure to her mother, her unwavering statements before the Magistrate, and her testimony during the trial invoked confidence in the credibility of her claims. The court also acknowledged the existence of medical evidence, such as the gynecological examination that revealed injuries to the victim's genital parts, which supported the prosecution's argument.

The Delhi High Court's decision underscores the importance of considering the unique challenges faced by child witnesses and the need for a sensitive evaluation of their testimonies in legal proceedings.