The Delhi High Court has recently reaffirmed the critical importance of a child's testimony in cases falling under the Protection of Children from Sexual Offences (POCSO) Act, 2012. In a recent ruling, the High Court upheld the conviction and 12-year prison sentence of a man, Tonny, who was found guilty of raping a 10-year-old girl in 2017. Justice Manoj Kumar Ohri emphasized that if a child's testimony is credible and inspires confidence, it can be sufficient for conviction, even if the child is the sole witness.

The case originated from an FIR registered on August 4, 2017, based on the statement of the victim. The child alleged that the appellant, who worked at a woodwork shop on her way to school, would offer her eatables. She stated that he repeatedly took her to his shop, removed her clothes and his own, and committed rape. The victim revealed that the appellant threatened to “drown her in a drain or cut her like a piece of wood” if she disclosed the abuse to anyone. Due to these threats, she remained silent. The last incident of assault occurred on August 1, 2017. The matter came to light when her school teacher inquired, and the child confided in her. The teacher then informed the victim's mother, leading to the police complaint.

The High Court dismissed the appeal, stating that the victim's age was not disputed, and her deposition was consistent and reliable. The court noted that the child consistently stated that the appellant had committed the offense of penetration on several occasions and that his stand remained consistent and credible. The appellant was unable to demolish her testimony during cross-examination.

This ruling aligns with a series of judgments emphasizing the probative value of a child's testimony in POCSO cases. The court referenced a Supreme Court decision, State of Madhya Pradesh v. Balveer Singh (2025 SCC OnLine SC 390), which reiterated that a competent child witness's evidence does not require corroboration if it inspires confidence and can form the sole basis for conviction. The High Court also invoked Section 29 of the POCSO Act, which establishes a legal presumption of guilt once foundational facts are presented.

The judgment underscores the judiciary's commitment to protecting child victims and ensuring accountability for perpetrators of sexual offenses. Courts have emphasized that they cannot turn a blind eye to the fact that these offenses are committed against victims of tender age, who are often frightened by threats. It is unrealistic to expect a child to behave like an adult by promptly raising an alarm.

The Madras High Court has also expressed a similar view, stating that in POCSO cases, the minor victim's deposition is sufficient for conviction if the trial court is convinced that the child is speaking the truth and has not been tutored. The court noted that it cannot expect an eyewitness or independent witness in such cases, as offenders often wait for an opportunity to take advantage of a minor girl's loneliness.

These rulings highlight a growing trend in the Indian judicial system to prioritize the testimony of child victims in POCSO cases. While corroboration is not a legal requirement, it is a matter of prudence, depending on the circumstances. The courts recognize the sensitive nature of these cases and aim to create a more survivor-centric approach.