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Informative

Delhi High Court on POCSO Conviction and Compensation: Upholds Conviction of Father for Rape of Minor Daughter.

Update / Judgement Date

09 Nov 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

3 min read

Criminal LawOther Legal Matters
Delhi High Court on POCSO Conviction and Compensation: Upholds Conviction of Father for Rape of Minor Daughter.
WCP News Bulletin
Headnote:

The Delhi High Court dismissed the appeal filed under Sections 374(2) read with 482 CrPC challenging the conviction and sentence passed by the ASJ-01, Special Court (POCSO Act), Saket Courts, for offences under Sections 376(2)(f)/(n), 506 IPC and Section 6 POCSO Act. The Court held that:

  1. The conviction was based on consistent and credible testimony of the 13-year-old child victim corroborated by her mother and forensic DNA evidence.
  2. The appellant’s claims of false implication due to family quarrels or opposition to the victim’s friendship were unsubstantiated.
  3. Compensation under the Delhi Victim Compensation Scheme (DVCS) should be enhanced in accordance with POCSO’s protective intent.


Background:
  1. FIR No. 188/2018 was registered on 24.05.2018 at P.S. Badarpur after the victim, accompanied by her mother, reported repeated sexual assaults by her biological father over a period of 6–7 months.
  2. The child was 13 years old at the time of the incidents. Initial medical examination was conducted on 25.05.2018. Pregnancy resulting from the assaults was confirmed, and medical termination was performed at AIIMS in June 2018.
  3. Investigation included statements under Section 164 CrPC, forensic analysis, and examination of 12 prosecution witnesses.


Trial Court Proceedings:
  1. The appellant was convicted under Sections 376(2)(f)/(n), 506 IPC and Section 6 POCSO Act.
  2. Sentence: Rigorous Imprisonment for 10 years under POCSO Act with Rs. 5,000 fine; 6 months RI under Section 506 IPC, to run concurrently.
  3. Benefit of Section 468 CrPC (set-off of under-trial custody) extended.
  4. Trial court also awarded Rs. 9,75,000/- interim compensation under DVCS.


Appellant’s Contentions:
  1. Alleged mishandling of DNA samples.
  2. Internal medical examination initially refused by victim.
  3. Delay in FIR registration.
  4. Non-examination of maternal grandmother and younger sister.
  5. Claimed false implication due to family disputes and objection to victim’s alleged friendship.


Court’s Observations:
  1. Victim’s testimony consistent across complaint, MLC, Section 164 CrPC statement, and court deposition.
  2. Mother’s testimony corroborated victim’s account.
  3. DNA analysis confirmed appellant as father of aborted foetus.
  4. Non-examination of other family members did not undermine prosecution case.
  5. Legal presumption under Section 29 POCSO Act requires foundational facts, which were proven.
  6. Appellant failed to substantiate claims of false implication.


Compensation
  1. DVCS 2018 guidelines: Minor victims eligible for 50% enhanced compensation.
  2. Maximum compensation under relevant heads: Rs. 10.5 lakh (rape) + Rs. 6 lakh (pregnancy due to rape) = Rs. 16.5 lakh.
  3. Interim compensation of Rs. 10.5 lakh already received.
  4. DSLSA directed to disburse remaining Rs. 6,00,000/- within 4 weeks.


Decision:
  1. Appeal dismissed.
  2. Conviction and sentences of the trial court upheld.
  3. Remaining compensation of Rs. 6,00,000/- to be paid to victim forthwith.
  4. Directions issued for communication to trial court and DSLSA, and uploading judgment online.


Citation: 2025:DEL:CRL.A.572/2023

Case: MD v. State (NCT) of Delhi & Anr.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice Manoj Kumar Ohri

Date of Decision: 10 November 2025

Appeal No.: CRL.A. 572/2023