New Delhi [India], October 28 (ANI): Observing that "the presence or absence of a hymenal tear cannot be treated as conclusive proof of either commission or non-commission of a sexual offence, especially when the charge is one of attempt," the Delhi High Court on Tuesday upheld the conviction of a man for attempting to sexually assault his nine-year-old niece.

Justice Swarana Kanta Sharma, while dismissing the appeal of the convicted man, affirmed his conviction under Section 18 read with Sections 5(m) and 5(n) of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Section 511 read with Section 376AB of the IPC, holding that the evidence on record proved the case beyond a reasonable doubt.

The Court further observed that the act of changing the clothes of a minor rape vict

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