Delhi court seeks medical opinion on injuries of minor allegedly abused by adoptive family

A Delhi court has sought doctors' opinion on the injuries of a seven-year-old girl, saying that though she had retracted allegations of sexual and physical assault of 'diabolical manner' against her adoptive family members, her possible "tutoring" cannot be ruled out.

Additional Sessions Judge Gomati Manocha passed the directions on January 27, quoting British-American poet W H Auden, saying as, "There is always another story. There is more than meets the eye."

The judge summoned the doctors, who performed the MLC of the girl post her complaint in February, 2023, while deciding the bail application of the alleged victim's adoptive brother, accused of sexually and physically assaulting her.

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The judge said that though the girl later explained her wounds as accidents, "nature of injuries" did not align with her testimony in the court earlier.

"This court cannot lose sight of the fact that the victim is young girl of tender age of seven years (six-year-old at the time of complaint)," the judge said.

In her complaint, the alleged victim had mentioned about her adoptive mother subjecting her to cruelty, including beatings, cutting her tongue with a knife, causing burn injury on her palm with a burning piece of coal, and hitting her with sticks, wires and charger, hammer, rolling pin (belan), wiper, spoon or anything she could catch hold of.

The woman also strangulated the six-year-old, gave fist blows on her chest, cut injuries on her thighs and private part area with a knife, made her sit on hot gas burner and hot cooking utensil, bit her with her teeth, and stripped her naked and forced her to stay in the balcony in the night in cold winter, it said.

The complaint also mentioned about the present accused beating up the girl after tying her hands and hanging her from a ceiling fan, and he also kissed her once or twice. Similar allegations were earlier made by the victim in her statement before a court, the judge noted.

The judge also noted that the medical report mentioned several grave injuries that matched the girl's initial allegations.

The judge further noted that though the girl was handed over to her biological parents, but since they were accused of not reporting the crime, punishable under the POCSO (Prevention of Child from Sexual Offence) Act, and related to her adoptive parents, "the possibility of the victim being tutored, influenced, intimidated and coerced cannot be ruled out".

"In these circumstances, before the bail application can be considered, it is pertinent to record the opinion of the doctor regarding the nature and possible causes of injuries upon the persons of the victim," the judge said.

The judge had summoned the doctors, who recorded the alleged victim's medical report post her complaint on February 10, 2025.

She noted that though the alleged victim did not oppose the bail application of her adoptive brother, however, on questioning her as to whether he should be admitted to bail, she spoke quickly at length without any pauses in a manner "as if she was speaking through her rote memory and has been tutored".

"From her demeanour it appears that she is under the influence of someone," the judge said.

The defence counsel had sought the bail on the ground that the alleged victim in the case has already been examined and she had not supported the prosecution case.

The defence counsel told the judge that the accused was on interim bail for one year to take care of his ailing father, a co-accused in the case, and he did not misuse the relief during the period.

The judge, however, said that the interim bail was allowed on "humanitarian grounds and not on merits of the case" to take care of his ailing father.

The application further told the court that the girl's adoptive mother, also a co-accused in the case, has already been granted bail by the Delhi High Court.

The prosecution opposed the application, saying that even though the girl did not support the prosecution case in its entirety, it seemed that she was under the influence of the accused persons.

According to the prosecution, the complaint was registered after the school teachers noticed her injuries and handed her over to a child protection officer in February, 2023.

The alleged victim had also informed the officer that her adoptive mother had beaten and threatened her.

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The court had earlier denied bail to the applicant, observing that "the nature of injuries sustained by the victim due to the cruel treatment meted out to her is grievous. She is a young girl of seven years of age. The offences have been committed in a diabolical manner by adoptive family members of the victim... Since the offences have been committed against the victim by her own family members, it is likely that if the accused is released on bail he shall influence the young victim with a view to mold her testimony in his favour in order to prejudice trial".