High Court of Delhi

Sunil Kumar vs. State of NCT Delhi.

Ratio Decidendi

If the statement of the survivor inspires confidence, then the court may convict on the statement alone.

Case Notes

Facts

The child survivor aged 12 years was sleeping along with her two brothers at her neighbours house. The accused, her step father took the child survivor and her brothers to their house where he gave beatings to the brothers and made them go upstairs. The accused then raped the child. The trial court convicted the accused under Section 6 POCSO Act. The accused appealed the conviction on the basis that the statement of the child does not inspire confidence as there are contradictions about the place where the children had been sleeping.


Judgment

The court held that the statement of the child if it inspires confidence and is found to be credible, consistent, and reliable, is enough to act as the basis for conviction. The court held there were no material inconsistencies in the statement of the child and the child survivor had consistently stated where the incident took place and the details of the assault. The conviction of the accused was upheld by the High Court.