Delhi High Court Upholds Conviction Of Adoptive Parents For Cruelty, Sexual Assault On Minor; Says Police Failed To Examine Trafficking Angle

The Delhi High Court has upheld the conviction of adoptive parents of a minor girl of about six years over cruelty and sexually assaulting her, while citing the possibility of it being a case of child trafficking.Justice Swarana Kanta Sharma said that the biological parents of the child were not even attempted to be traced by the investigating officer, nor was any inquiry conducted as to how the minor came into the custody of the adoptive parents in the first place.“Such an omission leaves unanswered the grave question of whether the child had been trafficked or had been illegally transferred into the custody of the appellants, since even no inquiry was made into the aspect of adoption or trafficking of the minor child,” the Court said. It added that a young girl child, badly tortured, traumatized and subjected to brutal assaults, had been living with the adoptive parents and despite the same, neither the Delhi Police nor the Trial Court thought it appropriate to probe into the background of the minor.The Court upheld the trial court order convicting the adoptive parents for the offences under Section 75 of Juvenile Justice Act, read with Section 34 and 323 of IPC. The man (adoptive father) was also convicted for the offence punishable under Section 6 of the POCSO Act and Section 376 of IPC. Upholding the conviction, the Court said that the minor victim had sustained multiple injuries, including burn injuries, which were noted by the doctors at the time of her medical examination, which was further consistent with her allegations of being subjected to physical assault and cruelty by her adoptive parents. The judge added that cases of such nature require not only an investigation into the acts of cruelty and sexual assault but also a holistic approach towards the larger picture of child trafficking, abduction or unlawful custody. “The facts of the present case strongly suggest that the victim was not only subjected to inhuman torture but was also a vulnerable child who may have been possibly exploited after being trafficked. Unfortunately, this crucial dimension was altogether overlooked at the stage of investigation as well as during the consideration of charge by the learned Trial Court,” it said. Further, Justice Sharma concluded that the case should have been treated initially by the investigating agency, not only as one involving offences of rape or sexual assault and physical assault but also as one involving grave suspicions of human trafficking or illegal custody.The Court said that the failure to investigate the said aspect was a lapse that must be noted, adding that unless such omissions are addressed, the larger evil of trafficking and exploitation of children cannot be effectively curbed. Title: R v. STATE OF NCT OF DELHI & ANR & other connected matterCitation: 2025 LiveLaw (Del) 1147Click here to read order

Delhi High Court Upholds Conviction Of Adoptive Parents For Cruelty, Sexual Assault On Minor; Says Police Failed To Examine Trafficking Angle

Nupur Thapliyal

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