1 day ago
Delhi High Court Reverses Acquittal in Four-Year-Old's Rape Case
The Delhi High Court reviewed a case involving a four-year-old child.
A lower court had earlier acquitted the accused, Kumar.
The High Court disagreed with that decision.
It said a very young child cannot be expected to explain a frightening event using exact medical or technical words.
After examining the evidence, the court found Kumar guilty beyond reasonable doubt.
The court applied a section of the Indian Penal Code concerning sexual assault.
Kumar was not present when the court issued its order.
The court will decide his punishment on September 10.
The Delhi High Court set aside Kumar’s acquittal in the case involving a four-year-old child.
The court held that a four-year-old survivor cannot be expected to describe an assault with “clinical precision.”
It found that the evidence established beyond reasonable doubt that Kumar committed penetrative sexual assault.
Kumar was held guilty under Section 376(2)(f) of the Indian Penal Code.
The court will hear arguments on his sentence on September 10 and issued non-bailable warrants because he was absent.
- Who
- The Delhi High Court, the four-year-old survivor, and the accused, Kumar.
- What
- The High Court overturned Kumar’s acquittal and found him guilty of penetrative sexual assault under Section 376(2)(f) of the Indian Penal Code.
- Where
- The Delhi High Court.
- When
- The date of the ruling is not stated; the sentencing hearing is scheduled for September 10.
- Why
- The court said the evidence proved the offence beyond reasonable doubt and that a four-year-old cannot be expected to describe the assault with clinical precision.
Key facts
- Court
- Delhi High Court
- Accused
- Kumar
- Survivor
- A four-year-old child
- Decision
- Acquittal set aside; Kumar held guilty
- Law applied
- Section 376(2)(f) of the Indian Penal Code
- Next hearing
- Quantum of sentence on September 10
- Court order
- Non-bailable warrants issued because Kumar was not present
Sources
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