Delhi Court Convicts Man for Sexual Assault on 18-Month-Old Girl, Emphasizes Need for Improved Evidence Collection

Delhi’s Tis Hazari Court has recently convicted a man for sexually assaulting an 18-month-old girl. Special Judge Babita Puniya delivered the verdict, finding the accused guilty under sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. The court expressed grave concern over the lack of proper evidence collection, particularly the absence of biological samples such as nail clippings and fingernail scrapings, which could have strengthened the prosecution’s case.

Conviction Under POCSO and IPC

The accused was convicted under Section 5(m) read with Section 6 of the POCSO Act, as well as Section 376-AB and 342 of the Indian Penal Code, for committing sexual assault on a minor. The court noted that such heinous crimes require meticulous evidence collection to ensure justice is served.

Highlighting the Investigation Flaw

In its judgment, the court criticized the investigating agency for failing to collect vital biological evidence. The judge remarked, “Since this case involved digital penetration, it was crucial for the investigating agency to gather nail clippings and fingernail scrapings from the hands of the accused. Unfortunately, this essential step was overlooked.”

This observation underscores the necessity for a more comprehensive and systematic approach to collecting evidence in sexual assault cases, ensuring that all available biological evidence is properly documented and preserved.

Call for Sensitization and Training

Judge Puniya emphasized the need for law enforcement officers to be adequately trained and sensitized to the collection of biological evidence, particularly in cases involving digital assaults. The court’s recommendation is aimed at preventing similar oversights in future investigations, which could significantly impact the outcome of the cases.

Strengthening the Justice System

The conviction highlights the urgency of implementing robust evidence-gathering practices to secure stronger cases against perpetrators. The absence of crucial evidence in this instance could have compromised the prosecution’s efforts, making it all the more critical to reform investigative procedures.

Conclusion

This verdict serves as a crucial reminder of the importance of thorough investigations in cases of sexual violence. The court’s call for better evidence collection practices is a step toward improving the criminal justice system’s response to such crimes, ensuring that justice is not only delivered but also seen to be fair and complete.