• Source:JND
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While granting relief to an accused in a case related to the alleged rape of a minor, the Delhi High Court made an important observation that the mere use of the term "physical relations" without any supporting evidence is not sufficient to prove rape or aggravated sexual assault.

Acquitting the appellant, the bench stated that the use of the term "physical relations" without any evidence would not be enough to assume that the prosecution has been able to prove the crime beyond a reasonable doubt.

The court said that the bench noted that if the prosecution is not doing its job in the required manner, the courts cannot remain silent spectators and must play a participatory role in the trial.

A bench of Justice Manoj Kumar Ohri stated that the appellant's conviction under Section 376 of the IPC and Section 6 of the POCSO Act is not sustainable. Calling it an unfortunate case, the court said that it is bound to decide the case on its own merits.

The bench noted that the victim and her parents repeatedly said that "physical relations" were established; however, what was meant by this expression was not clear.

The minor victim had alleged that her cousin had established "physical relations" with her for over a year, starting in 2014, on the false promise of marriage. The appellant had challenged the trial court's decision, which had convicted him in the said case and sentenced him to 10 years.

The bench noted that the prosecution's case was based only on the oral testimony of the victim and her family members, and there was no forensic evidence on record.

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The court stated that the term "physical relations" is neither used nor defined under the IPC or the POCSO Act. The judge said it was not clarified what the victim meant by the term "physical relations."

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