Supreme Court holds that trustworthy ocular testimony can outweigh lack of medical injuries while upholding conviction in a sensitive POCSO case.
CASE IN NEWS
SC reiterates Ocular Evidence Prevails in POCSO Conviction while rejecting acquittal plea lacking medical proof .
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CASE NAME
Dinesh Kumar Jaldhari Versus State Of Chhattisgarh
CASE OVERVIEW
The Supreme Court of India upheld the conviction of the appellant for aggravated sexual assault on a 4-year-old child under the POCSO Act reaffirming the principle that credible ocular evidence outweighs contradictory or incomplete medical evidence
A bench of Justice Aravind Kumar and Justice NV Anjaria observed that although no external injuries were recorded, the consistent testimony of the victim’s parents, the traumatised behaviour of the child and surrounding circumstances firmly established the offence . The incident occurred on August 15, 2021, when the victim’s mother found the appellant near the child in a compromising situation .
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KEY ASPECTS
Before understanding the legal findings, it is important to note how the Court assessed behaviour, circumstances and witness consistency in a sensitive POCSO case :
- Victim’s mother discovered the appellant near her daughter with disturbed clothing .
- Child cried in pain; private parts appeared wet, suggesting sexual contact .
- Medical examination showed no external injuries, but redness in the vaginal area was noted .
- The child displayed visible trauma and fear upon seeing the appellant in court .
- Issue: Whether lack of medical injuries could defeat consistent and credible eyewitness testimony .
LEGAL INSIGHTS
- POCSO Act – Section 5 & 6 (Aggravated Sexual Assault & Punishment)
- Defines aggravated assault and prescribes strict sentencing based on victim’s age .
- Indian Evidence Act (Bharatiya Sakshya Adhiniyam) – Section 3 (Evidence Evaluation)
- Allows reliance on cogent and consistent ocular evidence over weak medical findings .
- Judicial Principle – Ocular Evidence Over Medical Evidence
- Courts accept trustworthy eyewitness testimony even if medical reports lack injury marks .
COURT’S VERDICT
The Supreme Court upheld the conviction, holding that ocular evidence from the parents and the child’s trauma were decisive despite minimal medical evidence . However, noting the appellant had already undergone four years and five months of imprisonment, the sentence was modified from seven years to six years .
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Read also-Indian Evidence Act
Source –Supreme Court of India
