Child Victim Testimony in POCSO Cases

Source: Supreme Court

Why in News? 

The Supreme Court upheld the conviction of a man found guilty of aggravated sexual assault on a 4-year-old girl, rejecting his plea for acquittal based on the absence of medical evidence and eyewitness testimony, holding that the consistent and credible evidence of the child's parents was sufficient to sustain the conviction. 

• The bench of Justices Aravind Kumar and N.V. Anjaria in the case of Dinesh Kumar Jaldhari v. State of Chhattisgarh (2025) upheld the conviction of the appellant under Sections 9(m) and 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) while reducing the sentence from seven years to six years of rigorous imprisonment, considering the period already served.

What was the Background of Dinesh Kumar Jaldhari v. State of Chhattisgarh (2025) Case? 

Incident Details: 

• On 15^th August 2021, the victim's mother (PW-3) discovered the appellant wearing only half shorts, sitting near her 4-year-old daughter's legs at approximately 4:30 PM. 
• Upon confrontation, the appellant fled the scene. 
• The child's clothing was found inappropriate, and she was crying in pain, complaining of pain in her private part. 
• The birth certificate established the victim's date of birth as 13th February 2017. 

Legal Proceedings: 

• FIR No. 52 of 2021 was registered at Duldula Police Station, Jashpur under IPC Sections 376, 376AB and POCSO Act Sections 5 and 6. 
• The victim underwent medical examination and her statement was recorded under Section 164 CrPC. 
• The Trial Court convicted the appellant under Sections 9(m) and 10 of the POCSO Act with seven years rigorous imprisonment and Rs. 2,000/- fine. 
• The High Court of Chhattisgarh confirmed the conviction on 6th March 2025.

What were the Court's Observations? 

Consistent Witness Testimony: 

• The victim's parents (PW-2 and PW-3) provided consistent and detailed accounts of the incident. 
• The mother testified finding the appellant in compromising circumstances with the child's underwear pulled down to her knees and frock pulled up to the chest. 

Medical Evidence: 

• Dr. Priyanka Toppo (PW-6) noted redness in the vagina, though no external injuries or bleeding were found. 
• The Court held that medical evidence takes a backseat when ocular evidence is consistent and cogent. 

Child Victim's Behaviour as Evidence: 

During testimony on 16th November 2021: 

• When shown the accused with his mask removed, the victim (PW-1) became frightened and refused to look at him. 
• The accused had to be sent out, and evidence recording was stopped. 
• After multiple attempts, the 4-year-old victim continued crying and could not speak, leading to closure of her examination.

Court's Decision: 

• The Court observed: "The fact that the victim was in a frightened state upon seeing the accused is a pointer in itself. The shock related to the happening of the incident which continued with the victim post-incident made its statement in the trauma-filled behaviour of the victim who was a 4 year-old girl." 
• The Supreme Court upheld the conviction recorded by the Trial Court and affirmed by the High Court, finding the appreciation of evidence to be "eminently legal and proper, warranting no interference." 
• While upholding the conviction, the Court reduced the sentence from 7 years to 6 years of rigorous imprisonment. 
• The appellant had already undergone imprisonment for approximately 4 years and 5 months at the time of the judgment. 
• The fine amount was modified to Rs. 6,000/- with simple imprisonment of one year in default of payment.

What is POCSO Act, 2012? 

About: 

• This Act was passed in 2012 under the Ministry of Women and Child Development. 
• It is a comprehensive piece of legislation designed to protect children from crimes including sexual assault, sexual harassment, and pornography.  
• It is gender neutral act and considers welfare of the child as a matter of paramount importance.  
• It provides for the establishment of Special Courts for trial of such offences and related matters and incidents. 
• Death penalty as a punishment for offences of penetrative sexual assault and aggravated penetrative sexual assault was introduced in this act by the POCSO amendment bill, 2019.  
• Section 4 of this Act prescribes punishment for penetrative sexual assault.  
• Under Section 2(1) (d) of the POCSO Act, a child is defined as any person below the age of 18 years. 

Sections 9 and 10 of POCSO Act: 

Section 9 - Aggravated Sexual Assault: Defines circumstances attracting more severe punishment, including: 

• Section 9(m): Sexual assault on a child below twelve years of age. 
• Assault by persons in position of trust or authority. 
• Causing grievous hurt or pregnancy. 

Section 10 - Punishment for Aggravated Sexual Assault: 

• Imprisonment for minimum five years, extendable to seven years. 
• Offender shall also be liable to pay fine.