Delhi HC Says “Physical Relations’ Can’t Automatically Mean Sexual Assault”

Physical Relations

The Delhi High Court has acquitted a man who was previously convicted under the Protection of Children from Sexual Offences Act, stating that the term “physical relations,” used by the minor survivor, does not automatically indicate sexual assault.

Justices Pratibha M Singh and Amit Sharma, who were hearing the appeal, found the trial court’s decision to convict the accused for sexual assault and award him a life sentence to be lacking in sufficient reasoning.

The court observed that it was unclear how the trial court concluded that sexual assault occurred when the minor had “voluntarily” gone with the accused.

In its judgment, the bench explained that the leap from the phrase “physical relations” or “sambandh” to sexual assault, and further to penetrative sexual assault, requires clear evidence and cannot be inferred.

The court clarified that “just because the survivor is under 18, it does not automatically imply that penetrative sexual assault took place. The term ‘physical relations’ was used by the survivor, but it is not clear what exactly she meant by it.”

The bench further pointed out that the use of the phrase “samband banaya” (established a relationship) was insufficient to establish the crime under POCSO or the Indian Penal Code (IPC). While consent is irrelevant when a minor is involved under the POCSO Act, the court emphasized that the term “physical relations” cannot be automatically equated with sexual intercourse or sexual assault.

The court also noted that the accused should benefit from any doubts regarding the case, stating, “The judgment in question lacks sufficient reasoning and fails to support the conviction with a clear rationale.

Consequently, the judgment is overturned, and the accused is acquitted.”

Case Background

The case stems from a complaint filed in March 2017, when the mother of a 14-year-old girl alleged that her daughter had been kidnapped and lured away by an unknown person. The girl was found in Faridabad with the accused, who was subsequently arrested.

In December 2023, the accused was convicted of rape and penetrative sexual assault and sentenced to life imprisonment. However, the High Court overturned this conviction, leading to the man’s acquittal.

This ruling underscores the importance of clear, substantive evidence in cases involving sexual offences, particularly in the context of legal definitions related to minors and sexual assault.