New Delhi: In two cases of sexual assault of minors resulting in pregnancy, Delhi courts relied on forensic evidence to secure convictions.In one case, a court convicted one Afzal Ahmad of rape and repeated aggravated sexual assault of a minor after DNA evidence established him as the biological father of the “aborted fetus”. Rejecting his “consensual relationship” defence, the court held that a child’s consent was no defence under Protection of Children from Sexual Offences (Pocso) Act and found that he had induced the survivor’s “false belief of lawful marriage”.Additional sessions judge Sunil Kumar observed that the survivor’s statement that “the relationship was consensual doesn’t resolve the issue in favour of the accused”, and emphasised that sexual intercourse with a girl below the statutory age of consent could constitute rape even if she appeared to have agreed to it.The court found that the survivor had tried to save the accused from criminal liability during her cross-examination under pressure from his parents, who promised to arrange their marriage. She later maintained that her original complaint was true.The convict had established sexual relations with her on the promise of marriage and applied vermilion on her. After his parents refused the marriage proposal, she approached police in 2017.Prosecutor Robin Singh established that the girl was below 18 throughout the period, with school records confirming her year of birth as 2001. Rejecting Ahmad’s claim that he believed her to be an adult, the judge observed that he was “supposed to get the age of the victim/prosecutrix ascertained from the surrounding circumstances” before entering into a physical relationship with her.The court accepted her testimony that she “believed herself to be lawfully married to the accused” after he applied vermilion, holding that he had practised “deception” by creating a “false belief of existence of lawful marriage”.Dismissing the defence version as an “afterthought”, the judge convicted Ahmad of rape, aggravated penetrative sexual assault and deception, but acquitted him of criminal intimidation.In the other case, a 63-year-old man was sentenced to 20 years of rigorous imprisonment for repeatedly sexually assaulting a girl, resulting in her pregnancy. Forensic examination established that Radhey Shyam was the biological father of the fetus, corroborating the girl’s allegations.Additional sessions judge Prabh Deep Kaur of Patiala House Courts convicted Shyam under Section 6 (aggravated penetrative sexual assault) of Pocso Act and sections 64(2)(m) (aggravated rape) and 351 (criminal intimidation) of Bharatiya Nyaya Sanhita. He was also fined a total amount of Rs 1.1 lakh.The pregnant girl was admitted to Safdarjung Hospital last year and alleged that Shyam had repeatedly sexually assaulted her by threatening her. The prosecution, led by additional public prosecutor Ajay Agarwal, presented the survivor’s testimony and forensic findings during the trial.
