Delhi High Court overturns acquittal in child rape case

The Delhi High Court has overturned the acquittal of a man in a 2008 rape case involving a four-and-a-half-year-old victim. A division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja ruled that a child witness's testimony should not be judged by its use of technical, legal, or medical terminology, such as the word ‘penetration’.

The court observed that a child of such a tender age cannot be expected to articulate the legal ingredients of an offence or describe sexual acts with anatomical precision. Instead, the testimony must be assessed based on its substance, the surrounding circumstances, and the natural manner in which a child narrates a traumatic incident.

The ruling sets aside a 2010 trial court decision that had acquitted Munna Kumar of rape under Section 376 of the Indian Penal Code, convicting him only for assault under Section 354. The High Court held that the prosecution proved penetrative sexual assault beyond reasonable doubt. The court will hear arguments regarding the sentence on September 10, noting that non-bailable warrants have been issued as the accused was not present.