A Delhi court has sentenced a man named Mohsin Khan to 25 years of rigorous imprisonment for repeatedly raping his 13-year-old cousin and impregnating her. Despite both the victim and her mother retracting their statements during trial, the court convicted on the basis of forensic DNA evidence.
Mohsin Khan Rape Case: 13-Year-Old Cousin Impregnated in Delhi’s Nihal Vihar
The case came to light in October 2024 when the 13-year-old victim was admitted to hospital in serious condition. Medical examination revealed she was approximately two and a half months pregnant. Doctors notified police and an FIR was registered at a Delhi police station. Investigation revealed the perpetrator was not a stranger but a person close to the family, identified in court proceedings as the victim’s cousin from her maternal side, referred to as a “muh bola bhai” — a term denoting a trusted brother-like figure, not a blood sibling in the full sense. The accused and victim’s mothers shared a close relationship, which enabled prolonged access to the child.
Court Relies on DNA Proof to Deliver 25-Year Sentence Under POCSO Act and BNS
Additional Sessions Judge Babita Puniya of Delhi’s Tis Hazari Court awarded 25 years of rigorous imprisonment to the convict. The court also imposed a fine of Rs 50,000. Sentencing was pronounced under the Protection of Children from Sexual Offences (POCSO) Act and relevant provisions of the Bharatiya Nyaya Sanhita (BNS).
The judge observed that the home where the child should have been safe had instead become a site of betrayal. The court made clear that the trust placed in a family figure made the offence aggravated in nature, warranting the maximum non-life custodial sentence available under the applicable sections.
Victim Retracts Statement in Trial — Why Delhi Court Still Convicted
During trial, both the victim and her mother turned hostile and retracted their earlier statements, declining to support the prosecution case. This pattern of hostile witnesses is well documented in POCSO matters involving family perpetrators, where victims face immense social and familial pressure to protect the accused.
The court refused to allow the retractions to derail the prosecution. Relying on the principle that scientific evidence cannot be overridden by witness hostility, ASJ Puniya upheld the conviction on the basis of the DNA report alone, finding it to be conclusive proof of the offence.
Key Facts: Pregnancy Discovery, Medical Termination, and Forensic Evidence
The pregnancy was discovered during the victim’s hospitalisation in October 2024. The pregnancy was subsequently medically terminated and fetal material was preserved and sent for forensic examination at the Forensic Science Laboratory (FSL). The FSL’s DNA analysis established a biological link between the fetal material and the accused, providing the court with irrefutable scientific evidence of paternity. This forensic chain, from hospital admission through medical termination to FSL analysis, formed the backbone of the prosecution’s case.
Legal Implications: POCSO Convictions Based on DNA in Cases of Hostile Minor Victims
This verdict reinforces a growing body of Indian judicial precedent establishing that DNA evidence can and does sustain POCSO convictions even when the victim and family members turn hostile. Courts have consistently held that a child victim’s retraction, particularly in cases involving trusted family members, must be understood in the context of coercion and social pressure rather than innocence of the accused.
Under Sections 29 and 30 of the POCSO Act, a statutory presumption of guilt operates against an accused once foundational facts are established. It then falls on the defence to rebut that presumption. Where forensic evidence confirms paternity and the accused cannot offer a credible counter-explanation, the presumption holds and conviction follows regardless of witness hostility.
What Was the Exact Sentence and Punishment Given?
The court awarded 25 years of rigorous imprisonment under the POCSO Act and the BNS, along with a fine of Rs 50,000. The sentence was delivered by ASJ Babita Puniya at the Tis Hazari Courts, Delhi.
How Did the DNA Test Establish Paternity in the Delhi Rape Case?
Following the victim’s hospitalisation and the medical termination of the pregnancy, fetal material was preserved and submitted to the FSL for forensic DNA analysis. The FSL report matched the DNA profile of the fetal material to the accused, conclusively establishing that he was the biological father. This scientific finding, presented through the testimony of the FSL’s forensic expert, was accepted by the court as definitive proof of the offence and formed the sole basis for conviction after the victim and her mother retracted their statements.
The case stands as a reminder that in serious crimes against children, forensic science functions as an independent and objective witness. Where human testimony falters under family pressure, DNA does not.
