HC: Testimony of minor rape survivor needs deeper scrutiny
Delhi High Court
has said that the testimony of a child victim requires deeper scrutiny, considering children are prone to tutoring, but minor inconsistencies are immaterial.
In a recent order, HC rejected a man's plea against the 20-year imprisonment awarded to him for raping a 13-year-old girl in 2017 after the court noted that the survivor's testimony found corroboration in the forensic analysis report.
"It is trite law that the testimony of the child victim requires deeper scrutiny, the children being prone to tutoring. The testimony is to be carefully evaluated in the light of attending circumstances to see if the same inspires confidence. The court is required to see whether the child victim is wholly reliable, wholly unreliable, or partly reliable… this court has no hesitation to observe that the testimony of the child victim also finds corroboration in the forensic analysis report," the judge said.
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The HC added that in the case before it, the child survivor in her statement recorded during the investigation, as well as at the time of her deposition, categorically stated about the accused. The court said it is not to be forgotten that the child survivor, 13 years of age, was first examined in 2018 after a gap of around one year.
The child alleged the convict, Pawan, gagged her, took her to his house, and raped her. He allegedly threatened to kill her if she confided in anyone about her ordeal.
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Attacking her testimony, Pawan's counsel claimed neither semen was found nor was any male DNA extracted in the vaginal swab of the victim. However, the HC pointed out that biological examination revealed that human semen was found on the underwear and saliva was also detected on the handkerchief.
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