Child Witness Testimony of Sterling Quality Sustains Rape Conviction Despite Maternal Conflict and Minor Inconsistencies

The appellant, the biological father of a minor girl (PW1, aged 8 years), was accused of committing aggravated penetrative sexual assault and criminal intimidation on 08.05.2016 at their residence in Ghazipur, Delhi

The victim’s mother (PW7) filed the FIR on 09.05.2016 after the victim disclosed the incident

The prosecution relied on the testimonies of the victim, her mother, and medical evidence showing a torn hymen

The trial court convicted the appellant under Section 6 of the POCSO Act and Section 376(2) of the IPC, sentencing him to 12 years of rigorous imprisonment

The appellant challenged the conviction, alleging false implication due to a matrimonial dispute and the influence of a third party, Deepak Tiwari

1. Whether there is any infirmity in the trial court’s judgment convicting the appellant based on the testimonies of PW1 and PW7

2. Whether the minor inconsistencies in the testimonies and the lack of independent corroboration or immediate reporting vitiate the prosecution’s case

The court primarily applied Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 376(2) of the Indian Penal Code, 1860

It relied on the principle that conviction can be based on the sole testimony of a victim if it is of "sterling quality," as established in Rai Sandeep @ Deepu v. State (NCT of Delhi)

Regarding child witnesses, it adhered to State of M.P. v. Balveer Singh and State of Rajasthan v. Chatra, noting that minor variations do not discredit natural testimony and that the court must only rule out tutoring

It further applied the principle from H. Siddiqui v. A. Ramalingam regarding the necessity of laying a foundation for secondary evidence under Section 65 of the Evidence Act

acknowledging that documents marked without objection (Mark A, B, C) are admissible but their contents are not automatically proved

The court found the testimony of PW1 to be clear, consistent, and "sterling," noting she stood by her narrative from her Section 164 statement through the trial

The court dismissed the appellant’s arguments regarding inconsistencies in the time of disclosure, characterizing them as minor variations natural for a child witness

The delay in reporting and the mother's (PW7) decision to confront the husband first were deemed natural responses given the social stigma attached to intra-familial sexual abuse

Regarding the defense’s "conspiracy" theory involving Deepak Tiwari, the court noted that the accused failed to put the defense documents (Mark A, B) to PW7 during cross-examination or examine villagers to prove the alleged compromise

The medical evidence of a torn hymen, despite the lack of a "recent/old" opinion or semen, was held to adequately support the ocular testimony of penetration

The court held that the prosecution successfully established the identity of the accused and the commission of aggravated penetrative sexual assault beyond reasonable doubt

The court affirmed that minor discrepancies in a child's testimony do not overshadow a consistent core narrative and that the defense failed to prove its claims of false implication by a preponderance of probabilities