‘Physical relations’ cannot be equated with rape, says Delhi HC as it acquits man in POCSO case
New Delhi, Oct 21 – The Delhi High Court has overturned a 10‑year jail sentence for a man accused under the Protection of Children from Sexual Offences (POCSO) Act. The court said the prosecution’s use of the vague term “physical relations” did not prove rape or any other sexual assault beyond a reasonable doubt.
Justice Manoj Kumar Ohri, sitting alone, ruled that the phrase, without any specific description or supporting evidence, could not automatically be read as sexual intercourse or assault. The decision followed a trial court conviction that was based largely on the victim’s description of “physical relations” with the accused, Rahul or Bhupinder Verma, a 16‑year‑old cousin whom he allegedly engaged with in 2016, after a year‑and‑a‑half delay in filing the complaint.
The case began when a complaint was registered in March 2016, long after the alleged incident. The prosecution argued that the victim had been unable to speak after taking poison when the accused denied a marriage proposal, and she only filed the report once she could talk again. However, the High Court found no medical evidence to support this. Justice Ohri said the court should have asked the victim directly what she meant by “physical relations” and whether it met the legal definition of penetrative sexual assault.
“Neither the Indian Penal Code nor the POCSO Act define ‘physical relations,’ and its mere use in testimony cannot automatically mean rape,” the justice wrote. He also pointed out that the trial court and the prosecution failed to seek clarification from the victim during her testimony, which is a statutory duty under Section 165 of the Evidence Act, especially when dealing with vulnerable witnesses.
Calling the case “unfortunate,” the judge set aside the conviction and ordered the release of the accused from jail immediately, unless he is required to be retained for any other case.
The verdict highlights the importance of clear evidence in POCSO cases and reaffirms that vague or unsupported statements cannot stand as proof of sexual assault.
Source: ianslive
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