By Niyati Dhiman

In a recent judgment, the Telangana High Court overturned the conviction of a man accused of raping a 10-year-old girl, citing inconsistencies in evidence and concerns over the reliability of the child’s testimony. The ruling raises serious questions about the treatment of child survivors in the justice system and the high evidentiary burden placed on them in sexual assault cases.

The case originated from allegations that the accused had forcibly entered the child’s home at night and raped her while her father, grandfather, and other family members were sleeping beside her. The girl’s mother, who was outside near a temple, returned home to find her daughter distressed. The child then recounted the incident to her family, and a police complaint was filed. The accused was arrested, and the trial court convicted him based on testimonies from the minor, her mother, her elder brother, and a neighbour. However, upon appeal, the High Court highlighted significant gaps in evidence. The court noted that key witnesses were not examined, the medical reports did not support claims of physical injuries, and forensic reports contradicted the assertion that blood was found on the child’s frock. The court also found it improbable that such an act could occur in a small, occupied room without waking others.

A major factor in the acquittal was the court’s view that the child’s testimony appeared “tutored” and possibly influenced by family members. The ruling emphasized that child witnesses can be easily manipulated and that accepting their testimony without corroboration could be risky. Given these concerns, the court acquitted the accused, stating that the prosecution had failed to prove the charges beyond a reasonable doubt.

This case reflects broader issues in child sexual abuse trials, where survivors often struggle to meet strict evidentiary standards. While courts must ensure fair trials, the dismissal of a child’s testimony

Case Title: Begari Ravi Kumar v. The State of Telangana

Citation: MANU/TL/1356/2024, CRLA/88/2024

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