Change Of POCSO Victim's Clothes Before Medical Examination Can't Weaken Prosecution Evidence: Delhi High Court

The Delhi High Court has observed that change of the clothes of a minor rape victim under the POCSO Act before her medical examination cannot weaken the prosecution evidence.“As regards the non-seizure of the bedsheet and the change of clothes by the mother prior to medical examination of the victim, this Court observes that such acts, by themselves, do not create a reasonable doubt about the integrity of the prosecution evidence,” Justice Swarana Kanta Sharma said. The Court dismissed a plea filed by a man challenging his conviction and 10 years of sentence. He was convicted for the offences under Section 18 read with Section 5(m)(n) of the POCSO Act and Section 511 read with Section 376AB of the Indian Penal Code, 1860. The minor aged 9 years told the Police that she was sexually assaulted while sleeping by her maternal uncle. Formal complaint was lodged by the mother. It was the convict's case that the hymen of the victim was intact in the MLC, thereby ruling out any penetrative assault. He also said that the bedsheet used by the victim was never seized and her clothes had admittedly been changed by her mother before medical examination, rendering the FSL findings unreliable.Dismissing the appeal, the Court said that the MLC recording an intact hymen does not negate the possibility of an attempted sexual assault. It added that the presence or absence of a hymenal tear cannot be treated as conclusive proof of either commission or non-commission of a sexual offence, especially when the charge is one of “attempt” under Section 18 of the POCSO Act.“The medical findings must be read in conjunction with the totality of the evidence, particularly the presence of semen stains on the victim‟s lower garment, which strongly corroborate the prosecution case,” the Court said. Regarding the contention on change of victim's clothes, the Court said, "The conduct of the mother, who found her nine-year-old daughter's clothes soiled and changed them before taking her to the hospital, appears natural and humanly understandable." It added that the forensic report linking the DNA profile of the accused with that of the semen found on the victim's lower garment dispelled the suggestion of any break in the evidentiary chain.Further, the Court observed that no affirmative material was brought on record to show that the exhibits were tampered with or that the investigating agency or the complainant was motivated to falsely implicate the convict.“The accused had full opportunity to adduce independent evidence to establish such tampering but failed to do so. Mere conjectures or remote possibilities cannot displace the statutory presumption under Section 29 of the POCSO Act,” the Court said. It concluded: “Thus, considering the consistent and credible testimonies of the victim and her parents, the corroborative forensic evidence linking the appellant to the offence, and the failure of the appellant to substantiate any plausible defence or rebut the statutory presumption under Section 29 of the POCSO Act, this Court finds no infirmity in the findings recorded by the learned Trial Court.”Title: JAI MANGAL MEHTO v. STATE (GOVT. N.C.T. OF DELHI)Citation: 2025 LiveLaw (Del) 1376Click here to read order

Change Of POCSO Victim's Clothes Before Medical Examination Can't Weaken Prosecution Evidence: Delhi High Court

Nupur Thapliyal

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