Delhi High Court Affirms Conviction in Child Sexual Assault Case, Dismisses Appeal
The Delhi High Court upheld a man's conviction for attempting to sexually assault his niece, emphasizing that hymenal status is not conclusive proof in such cases. The court dismissed the defense's arguments, confirming the prosecution's evidence, including DNA and testimony, which supported the guilty verdict under the POCSO Act.
- Country:
- India
In a landmark judgment, the Delhi High Court has upheld the conviction of a man for attempting to sexually assault his nine-year-old niece, highlighting that the integrity of the hymen cannot serve as conclusive evidence in sexual offense cases.
Presiding over the appeal, Justice Swarana Kanta Sharma reaffirmed the charges under the Protection of Children from Sexual Offences (POCSO) Act. The court noted that prosecution's evidence, comprising victim testimony and DNA forensics, unequivocally established guilt.
Dismissing defense arguments concerning medical findings, the Court emphasized established legal precedent that any act towards penetration is a punishable attempt, alongside rejecting claims of intoxication as a defense, finding the trial court's conclusions both consistent and credible.
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