Delhi HC says phrase ‘physical relations’ cannot mean sexual assault, acquits man in POCSO case

A man was recently acquitted by the Delhi High Court in a POCSO case, saying the use of phrase 'physical relations' by the minor survivor cannot automatically mean sexual assault.

The High Court had allowed the appeal by the accused, who was awarded life imprisonment, and observed that it was unclear how the trial court concluded that there was any sexual assault when the survivor had voluntarily gone with the accused.

The leap from physical relations or 'samband' to sexual assault and then to penetrative sexual assault must be established by evidence and cannot be deduced as an inference, the High Court said.

"The mere fact that the survivor is below 18 years cannot lead to a conclusion that there was penetrative sexual assault. The survivor, in fact, used the phrase 'physical relations', but there is no clarity as to what she meant by using the said phrase," the court said in the judgement passed on December 23.

"Even the use of the words 'samband banaya' is not sufficient to establish an offence under Section 3 of the POCSO Act or under Section 376 IPC. Though consent would not matter if the girl is a minor under the POCSO Act, the phrase 'physical relations' cannot be converted automatically into sexual intercourse let alone sexual assault," it held.

On the trial court order, the High Court said: "The impugned judgement completely lacks any reasoning and also does not reveal or support any rationale for the conviction. Under such circumstances, the judgement is liable to be set aside. The appellant is acquitted."

A complaint in this case was filed in March 2017 by the minor girl's mother, alleging that her 14-year-old daughter had been lured and kidnapped from her home by an unknown person.

The minor was found in Faridabad along with the accused, who was arrested and subsequently convicted for offence of rape under IPC and penetrative sexual assault under POCSO in December 2023 and later awarded imprisonment for the remainder of his life.