Use of term 'physical relations' without evidence not sufficient to establish rape: Delhi HC

New Delhi, Oct 21 (PTI) Mere use of the term "physical relations" without supporting evidence is insufficient to establish rape or aggravated penetrative sexual assault, the Delhi High Court has held.

The court's observation came while allowing a man's appeal challenging his conviction and 10 years imprisonment in a rape case and acquitting him of the charges.

"In the peculiar facts and circumstances of this case, the use of the term 'physical relations', unaccompanied by any supporting evidence, would not be sufficient to hold that the prosecution has been able to prove the offence beyond reasonable doubt.

"The appellant's conviction under Section 376 IPC and Section 6 of the POCSO Act is unsustainable," Justice Manoj Kumar Ohri said in a judgment passed on October 17.

The court, which termed it an unfortunate case, said it was bound to decide the matter on its own merits.

It said the child victim and her parents repeatedly stated that "physical relations" were established however, there was no clarity as to what was meant by this expression.

"No further description of the alleged act has been given. Unfortunately, no questions have been put to the victim by the prosecution or trial court to gain some clarity as to whether the essential ingredients of the offence the appellant was charged with, have been made out or not," it said.

The court was dealing with a case registered in 2023 in which the 16-year-old victim had alleged that her cousin established physical relations with her on the false pretext of marriage for more than a year in 2014.

The man challenged his conviction and the high court allowed his appeal saying that the prosecution's case hinged only on the oral evidence being the testimony of the child victim and her parents and that there was no forensic evidence on record.

The court said the expression "physical relations" was not used or defined either under the IPC or POCSO Act.

The judge said it was not explained as to what the child victim meant by the term "physical relations" and whether it fulfilled the ingredients of penetrative sexual assault.

"If it appears that the testimony of the child witness is lacking in essential details, it is the statutory duty of the court to ask certain questions to discover or obtain proper proof of the relevant facts and to first satisfy itself as to the competence of the child victim to testify and thereafter to ensure that the complete testimony is brought on record," it said.

Justice Ohri said if the prosecution was not doing their part in the requisite manner, the courts cannot remain a mute spectator and have to take a participatory role in the trial. PTI SKV ZMN