Dry v. State NCT of Delhi, 2026
The Court reinforces the protective purpose of POCSO, especially against abuse of minors by family members.
Judgement Details
Court
Delhi High Court
Date of Decision
23 January 2026
Judges
Justice Prathiba M Singh and Justice Madhu Jain
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
-
The father was convicted of repeatedly raping his minor daughter, a 6th-standard student, in July 2021.
-
The daughter was three months pregnant when the complaint was registered; later, her pregnancy was terminated.
-
The DNA testing conclusively established physical relationship between the father and minor daughter.
-
During proceedings, contradictory statements were given by the victim and her mother, possibly due to social and economic pressures.
-
The accused challenged his conviction and sentence, seeking relief from the Court.
Issues
-
Whether a father can be shown any relaxation under POCSO when charged with sexually assaulting his minor daughter?
-
Whether the presumption under Section 29 of the POCSO Act applies to cases involving parental sexual offences?
-
Whether DNA evidence is sufficient to uphold conviction even if the victim or witnesses give contradictory statements?
-
Whether social or economic circumstances of the victim and family can affect the conviction in POCSO offences?
Held
-
No relaxation under POCSO for sexual offences committed by a parent against a minor child.
-
Scientific evidence like DNA testing takes precedence over contradictory witness statements in POCSO cases.
-
Parental relationship aggravates the offence, emphasizing betrayal of trust.
-
Conviction and sentence upheld without modification.
Analysis
-
The Court reinforces the protective purpose of POCSO, especially against abuse of minors by family members.
-
Highlights that DNA and other scientific evidence are critical in overcoming hostile or contradictory witness testimony.
-
Establishes that parental status is an aggravating factor, not a mitigating one, under child protection laws.
-
Sends a strong deterrent message against misuse of trust in familial relationships.
-
Affirms strict application of Section 29 to uphold convictions where offence against a child is proven scientifically.