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Suraj Kumar vs. The State (Govt of NCT of Delhi) & Anr.

Criminal Appeal · 2026:DHC:8506Decided 30 Sept 2026New Delhi Bench
CRL.A. 143/2026CNR: DLHC010045962026
Justice Madhu Jain

Background

The appellant had been convicted by the trial court and sentenced to 20 years' rigorous imprisonment under the POCSO Act (plus lesser concurrent sentences under IPC) for sexually assaulting a minor neighbour on multiple occasions in March 2022. He appealed, challenging inconsistencies in the minor victim's accounts given at different stages and the absence of supporting medical or electronic evidence.

Decision Breakdown

The High Court found that the victim's version in her police statement, her Section 164 statement before a magistrate, and her trial testimony were materially inconsistent on key details (how the accused allegedly got her into his room, the exact dates of the alleged assaults, and the number of incidents). No medical evidence corroborated penetrative assault, and there was no CCTV or call-record evidence despite cameras reportedly being present nearby. The Court held that statutory presumptions under the POCSO Act do not excuse courts from independently weighing the reliability of the evidence, and that these contradictions created genuine reasonable doubt. The appeal was allowed, the conviction set aside, and the appellant ordered released.

Lesson Learnt

Even where the law presumes guilt in cases of alleged sexual offences against minors, courts must still carefully scrutinise the consistency and reliability of the victim's own account and any corroborating evidence before a conviction can be sustained; material, unexplained contradictions in different statements can justify acquittal.

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