18-Nov-2025 TACIT LEGAL

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The Supreme Court of India has once again reaffirmed a crucial principle in criminal jurisprudence credible and consistent ocular evidence can outweigh inconclusive or negative medical evidence, especially in cases of sexual offences involving minor children. In a significant judgment, the Court upheld the conviction of a man for aggravated sexual assault on a 4-year-old girl under the Protection of Children from Sexual Offences Act, 2012 (POCSO), rejecting his plea for acquittal based on the absence of medical injuries, lack of eyewitness testimony, and supposed inconsistencies in evidence. This decision strengthens the judiciary’s stance that medical reports cannot override trustworthy testimony, particularly when the victims are very young, traumatized, or incapable of giving detailed statements.

Background of the Case

The incident occurred on 15 August 2021, when the child’s mother discovered the accused in a compromising position near the child, whose clothes were found disturbed and who complained of pain in her private parts. The accused fled the spot when confronted. A case was promptly registered, and the child aged between 4 to 5 years was medically examined. The doctor noted redness in the vaginal area, but there were no external injury marks. The accused’s defense revolved around the absence of injuries and the lack of direct eyewitnesses. The Trial Court convicted the accused under Section 9(m) read with Section 10 of the POCSO Act, sentencing him to seven years’ rigorous imprisonment. The High Court affirmed the conviction. The accused then approached the Supreme Court in appeal.

Why the Supreme Court Upheld the Conviction

The Supreme Court dismissed the plea for acquittal and upheld the conviction based on the following legal principles and factual findings:

1. Testimony of Parents Was Consistent and Credible

Both parents of the victim (PW-2 and PW-3) provided clear, consistent, and corroborative statements regarding:

• The presence of the accused in their home
• The disturbed state of the child’s clothing
• The child’s complaint of pain
• The accused fleeing immediately upon being confronted

The Court held that there was no reason to disbelieve the mother, who was the first to witness the situation.

2. Behaviour of the Victim Demonstrated Trauma

The victim (PW-1), a four-year-old girl, was brought before the Trial Court. When the accused removed his mask during identification:

• She became frightened
• She refused to look at him
• She cried and was unable to depose

The Court observed that such behaviour itself is indicative of trauma and fear, especially considering her tender age.

3. Medical Evidence Cannot Override Cogent Ocular Evidence

The defense argued that absence of external injuries, bleeding, or conclusive signs of penetration should lead to acquittal.

However, the Court held:

• Medical evidence in sexual assault cases is corroborative, not conclusive.
• Lack of injuries does not negate the possibility of sexual assault, particularly in children.
• Ocular evidence prevails when it is trustworthy, natural, and consistent.

The Court also noted that some redness was indeed documented in the medical report.

4. Minor Victims Cannot Be Expected to Depose Like Adults

The Court observed that children may not narrate incidents in detail, may become frightened, and may show trauma responses such as silence or crying.
This does not weaken the prosecution’s case when strong circumstantial and ocular evidence is available.

Legal Principles Reaffirmed by the Supreme Court

1. Ocular Evidence Prevails Over Medical Evidence

Courts give precedence to trustworthy eyewitness testimony even if the medical evidence does not fully corroborate it.

2. Child Victim Testimony Need Not Be Detailed

Young victims often cannot withstand the rigors of courtroom cross-examination. Courts must interpret their conduct and statements with sensitivity.

3. Circumstantial Evidence Is Sufficient for Conviction

In sexual offences under POCSO, direct evidence is not always mandatory. Circumstantial evidence can lead to conviction when it is coherent and convincing.

4. Protection of Children Is Paramount

POCSO Act embodies stringent standards to safeguard minors, and courts are required to apply a protective and sensitive approach.

Sentence Modified

While upholding the conviction, the Supreme Court reduced the sentence from 7 years to 6 years of rigorous imprisonment, considering the total circumstances and the period already undergone (approximately 4 years and 5 months).

Conclusion

This judgment serves as an important reminder that absence of injuries or lack of eyewitnesses cannot be grounds for acquittal in cases of child sexual assault. Credible testimony from parents, behaviour of the child, and circumstantial evidence can be sufficient to uphold a conviction. The decision reinforces the Court’s commitment to child protection, victim-centric adjudication, and the primacy of reliable human testimony in criminal trials.

Case Details (For Reference)

• Case Title: Dinesh Kumar Jaldhari v. State of Chhattisgarh
• Court: Supreme Court of India
• Bench: Justice N.V. Anjaria & Justice Aravind Kumar
• Citation: 2025 INSC 1317
• Appeal: Criminal Appeal No. 4732 of 2025
• Date of Judgment: 13 November 2025
• Relevant Provisions:
  • Section 9(m) & Section 10, POCSO Act
  • Section 7 & 8, POCSO Act
  • Indian Penal Code provisions initially invoked
• Outcome: Conviction upheld, sentence reduced from 7 years to 6 years RI.

This article cover the  legal point whether in absence of medical evidence other evidence can be enoughf for sentencing a person in POCSO further you can read here important judgements and legal principles laid down by Hon’ble supreme court of India, this article is posted by Advocate Shivaji Rathore (J&K high court jammu)  for more important legal topics stay connected with us, on tacit legal we post on YouTube channel also named as Tacit Legal helpful for Law students newely enrolled Advocate in India and other states, Follow us on Instagram also, Read our articles on important Questions of Law. #tacitlegal visit my website Tacit Legal dot in search on google, this website is made from Hostinger and wordpress follow our latest updates for legal news follow us on YouTube also for young lawyers law students helpful for Advocates, this blog is written by Advocate Shivaji Rathore practicing in Jammu and Kashmir high court and district court at Jammu. The website Tacit Legal is available on Google created with Hostinger and wordpress keep in touch and read our daily articles and reporting for law students and advocates as we provide you important legal information on Tacit Legal.in

Author: Advocate Shivaji Rathore
Founder – Tacit Legal | tacitlegal.in