The Delhi High Court has made a significant ruling, stating that the term “physical relations,” when used without corroborating evidence, is insufficient to prove rape or aggravated penetrative sexual assault. This observation came as the court allowed an appeal by a man convicted of rape and sentenced to 10 years in prison, ultimately acquitting him.
“In the peculiar facts and circumstances of this case, the use of the term ‘physical relations’, unaccompanied by any supporting evidence, would not be sufficient to hold that the prosecution has been able to prove the offence beyond reasonable doubt,” the court stated. The conviction under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act was deemed unsustainable by Justice Manoj Kumar Ohri.
During the proceedings, the court noted that while the victim and her parents repeatedly mentioned “physical relations,” there was a lack of clarity regarding the exact meaning of this expression and whether it constituted penetrative sexual assault. The court highlighted that no specific questions were posed to the victim by the prosecution or the trial court to ascertain the essential ingredients of the alleged offense.
In a case from 2023, a 16-year-old victim had accused her cousin of establishing physical relations under the false pretext of marriage. The accused appealed his conviction, arguing that the prosecution’s case relied solely on oral testimony without any forensic evidence.
Justice Ohri emphasized the judiciary’s role, stating that if a child witness’s testimony lacks crucial details, it is the court’s statutory duty to elicit further information to establish the facts. The court cannot remain a passive observer and must actively participate in ensuring a fair trial and accurate recording of evidence.