NEW DELHI: Mere use of the term “physical relations” without supporting evidence is insufficient to establish rape or aggravated penetrative sexual assault, the Delhi High Court has held.
The observation came while allowing a man’s appeal challenging his conviction and 10-year imprisonment in a rape case, leading to his acquittal.
“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 appellant’s conviction under Section 376 IPC and Section 6 of the POCSO Act is unsustainable,” Justice Manoj Kumar Ohri said in a judgment passed on October 17.
Terming it an unfortunate case, the court said it was bound to decide the matter on its own merits. It noted that the child victim and her parents repeatedly stated that “physical relations” were established, but there was no clarity on what was meant by the expression.
“No further description of the alleged act has been given. Unfortunately, no questions were put to the victim by the prosecution or the trial court to gain some clarity as to whether the essential ingredients of the offence the appellant was charged with have been made out or not,” it said.
The case, registered in 2023, involved a 16-year-old who alleged that her cousin established “physical relations” with her on the false pretext of marriage for over a year in 2014.
The court said the term “physical relations” is not defined under the IPC or POCSO Act and stressed that if the testimony of a child witness lacks essential details, it is the duty of the court to seek clarity.
Justice Ohri added that if the prosecution fails to perform its duty properly, courts cannot remain mute spectators and must take a participatory role in the trial.
