'Consistent Ocular Evidence Prevails Over Medical Evidence', Supreme Court Upholds POCSO Act Conviction

The Supreme Court upheld the conviction of a man found guilty of aggravated sexual assault on a 4-year-old girl, rejecting his plea for acquittal based on the absence of medical evidence and eyewitness testimony, holding that the consistent and credible evidence of the child's parents was sufficient to sustain the conviction.

“It may be true that Dr. Priyanka Toppo (PW-6) did not find external injury marks on the victim's body and stated that there was no bleeding of any kind... It is well settled that the medical evidence will take a backseat and even if do not corroborate with the ocular evidence, where the ocular evidence is consistent and cogent, the later would be allowed to prevail.”, observed a bench of Justices Aravind Kumar and NV Anjaria adding that the trauma-filled behaviour of the victim upon seeing the Appellant coupled with her mother's consistent evidence established the commission of an offence with her, despite the absence of an external injury marks on the victim's body as suggested in the medical examination.

“the fact that the victim was in a frightened state upon seeing the accused is a pointer in itself. The whole sequence of events in course of recording of evidence of PW-1, was tale-telling. The shock related to the happening of the incident which continued with the victim post-incident made its statement in the trauma-filled behaviour of the victim who was a 4 year-old girl.”, the court said, reaffirming the principle that medical evidence would take a back seat when the ocular evidence is cogent and consistent.

Background

The case related to an incident that took place on August 15, 2021. According to the prosecution, the victim's mother discovered the appellant, wearing only shorts and sitting near the legs of her sleeping daughter, i.e., the victim. Upon being questioned, the appellant fled. The mother found her victim-daughter's clothing in disarray, the child crying in pain, and her private parts wet.

Although the medical report did not record any external injuries on the victim's body, the Court noted the redness in her vaginal area, the consistent testimony of the victim's mother, and the child's unusual, fearful behaviour upon seeing the appellant in the courtroom. These factors, the Court held, were sufficient to conclude that even in the absence of supporting medical evidence, consistent and credible ocular evidence can sustain a conviction.

The appeal was partly allowed, as the court had modified the Appellant's sentence from a maximum of seven years of imprisonment to six years of imprisonment upon noting that the appellant had already undergone four years and five months of imprisonment.

Cause Title: DINESH KUMAR JALDHARI VERSUS STATE OF CHHATTISGARH

Citation : 2025 LiveLAw (SC) 1105

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Appearance:

For Appellant(s) : Ms. Varnika Gupta, Adv. (Arguing counsel) Ms. Jaspreet Gogia, AOR Ms. Srishti Choudhary, Adv. Mr. Karanvir Gogia, Adv. Ms. Shivangi Singhal, Adv. Mrs. Indira M (marla Batta), Adv.

For Respondent(s) :Ms. Ankita Sharma, AOR Mr. Arjun D Singh, Adv. Ms. Ishika Neogi, Adv.