Rahul @ Bhupinder Verma v. State (NCT of Delhi), 2025
The ruling thus clarifies that ambiguous terminology, even if repeatedly used by witnesses, cannot substitute substantive proof of statutory elements in sexual offence trials.
Judgement Details
Court
High Court of Delhi
Date of Decision
28 October 2025
Judges
Justice Manoj Kumar Ohri
Citation
Acts / Provisions
Facts of the Case
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The case originated from an FIR registered in 2023, involving allegations that in 2014, the appellant, Rahul @ Bhupinder Verma, had sexual relations with the victim, his cousin, on the false promise of marriage, continuing for over a year.
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The Trial Court convicted the appellant under Section 376 IPC and Section 6 of the POCSO Act, sentencing him to 10 years of rigorous imprisonment.
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The convict appealed, arguing that the prosecution failed to prove penetrative sexual assault, and that the expression “physical relations” used by the witnesses was ambiguous and unsupported by evidence.
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The prosecution’s case rested solely on oral testimony of the child victim and her parents, with no medical or forensic evidence produced.
Issues
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Whether the expression “physical relations”, without elaboration or supporting evidence, is sufficient to prove the commission of rape or penetrative sexual assault?
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Whether the Trial Court erred in convicting the appellant based solely on ambiguous oral statements?
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What is the duty of the court when examining the testimony of a child victim under the POCSO framework?
Judgement
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The Delhi High Court allowed the appeal and set aside the conviction and sentence of the appellant.
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The Court held that the use of the term “physical relations”, without any clarity as to its meaning and without corroborating evidence, was insufficient to sustain a conviction for rape or aggravated penetrative sexual assault.
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It was noted that the expression “physical relations” is neither defined nor used under the IPC or POCSO Act, and hence its interpretation cannot be presumed to imply penetration.
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The Court observed that the Trial Court and prosecution failed to seek clarification from the child witness to determine whether the alleged acts fulfilled the statutory ingredients of the offences charged.
Held
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The conviction under Section 376 IPC and Section 6 of the POCSO Act was unsustainable due to lack of clear, consistent, and corroborative evidence.
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Courts must exercise caution in interpreting ambiguous terms like “physical relations” and cannot base conviction on incomplete or unclear testimony.
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The Court emphasized the duty of trial courts to take a participatory role in eliciting complete and accurate testimony, especially from child witnesses, while ensuring sensitivity and protection of the victim.
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Accordingly, the appellant was acquitted, and the Court ordered his release.
Analysis
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Justice Manoj Kumar Ohri highlighted that “physical relations” is a vague and non-legal expression, lacking the specificity needed to prove sexual intercourse or penetrative assault.
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The judgment underscores that in sexual offence cases, conviction must rest on clear proof of the act constituting the offence, not on imprecise language or assumptions.
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The Court reaffirmed the duty of trial judges to ensure child witnesses are properly examined to elicit relevant facts and to determine their competence to testify.
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At the same time, the Court noted that while judges should not be mute spectators, they must ensure that vulnerable witnesses are not overwhelmed by the process.
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The ruling thus clarifies that ambiguous terminology, even if repeatedly used by witnesses, cannot substitute substantive proof of statutory elements in sexual offence trials.
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Mere use of the expression “physical relations”, without explicit and corroborated evidence of penetration or sexual act, is insufficient to prove rape or aggravated penetrative sexual assault under the IPC or the POCSO Act. Trial courts must ensure clarity and completeness in child witness testimony before drawing legal conclusions.