Delhi High Court Rules 'Physical Relations' Term Insufficient as Rape Evidence Without Supporting Proof

The court was dealing with a case registered in 2023. (File)

New Delhi:

The Delhi High Court has ruled that simply using the term "physical relations" without additional supporting evidence is not sufficient to establish charges of rape or aggravated penetrative sexual assault.

This determination came as the court allowed a man's appeal against his conviction and 10-year imprisonment in a rape case, ultimately acquitting him of all charges.

"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," stated Justice Manoj Kumar Ohri in his October 17 judgment.

The court, describing it as an unfortunate case, emphasized that it was obligated to decide the matter based solely on its merits.

Justice Ohri noted that while the child victim and her parents repeatedly mentioned that "physical relations" were established, there was no clarity regarding what this expression actually meant.

"No further description of the alleged act has been given. Unfortunately, no questions have been put to the victim by the prosecution or 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," the court observed.

The case, registered in 2023, involved a 16-year-old who alleged that her cousin had established physical relations with her on false promises of marriage for over a year in 2014.

In allowing the man's appeal, the High Court pointed out that the prosecution's case relied entirely on oral testimony from the child victim and her parents, with no forensic evidence presented.

The court highlighted that the expression "physical relations" is neither used nor defined in either the Indian Penal Code (IPC) or the Protection of Children from Sexual Offences (POCSO) Act.

The judge emphasized that it was not explained what the child victim meant by "physical relations" and whether it satisfied the criteria for penetrative sexual assault.

"If it appears that the testimony of the child witness is lacking in essential details, it is the statutory duty of the court to ask certain questions to discover or obtain proper proof of the relevant facts and to first satisfy itself as to the competence of the child victim to testify and thereafter to ensure that the complete testimony is brought on record," the judgment stated.

Justice Ohri concluded that if prosecutors fail to perform their duties adequately, courts cannot remain passive observers and must take an active participatory role in the trial process.

(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)