Rejecting ‘absence of injury’ on sexually assaulted minor, HC upholds sentence of convict

HC upholds 12-yr jail term for man convicted of sexually assaulting minor girl. Victim's statements consistent; mere absence of injuries not ground to hold penetrative assault didn't take place. Accused took girl to his house, removed her underwear & touched her private parts.

The Delhi High Court on Monday upheld the 12-year prison term awarded to a man who was convicted of sexually assaulting a minor girl in his neighbourhood.

Justice Amit Bansal noted that the victim has been consistent in her statements and has unequivocally stated that the convict had inserted his finger in her private parts.

“The trial court has correctly observed that injury on the private parts in cases of sexual offences depends on various factors such as depth of insertion, among others. It is not necessary that in every case there would be an injury caused,” Justice Bansal said.

“Therefore, the mere absence of injuries cannot be a ground to hold that penetrative sexual assault did not take place,” he added.

According to the prosecution, the incident occurred on June 11, 2017, when the victim, then four-and-a-half years old, went missing for some time while she was playing in a street outside her house.

While searching for her in the neighbourhood, the girl’s father knocked on the door of the accused but received no response. When he called out his daughter, the girl responded from inside the house. After the accused, in his underwear, opened the door, the father found the girl and took her away, the prosecution added.

The victim soon informed her mother that the accused took her to his house on the pretext of giving her a beverage, removed her underwear, and touched her private parts.