In a significant ruling, the Delhi High Court has reinforced the stringent provisions of the Protection of Children from Sexual Offences (POCSO) Act. The court clarified that making a child touch one's private parts with sexual intent constitutes aggravated sexual assault under the law.
Court Upholds Conviction, Dismisses Appeal
Justice Neena Bansal Krishna recently dismissed an appeal filed by a man challenging his conviction and sentencing. The appellant had been found guilty under Section 10 of the POCSO Act for a disturbing incident in June 2022.
The case involved a man who was a tenant in the victim's house. He was convicted for exposing himself and making a young girl, who was merely three years and eleven months old at the time, touch his private parts. Following a trial, a sessions court had convicted him in July 2024 and sentenced him to seven years of rigorous imprisonment.
Court Rejects Accused's Claims of Tutoring and Delay
The accused had raised several arguments to challenge the conviction. He claimed the survivor was "tutored" to frame him and that there was no incriminating evidence. The High Court firmly rejected these claims.
Justice Krishna noted that the core allegation of sexual assault remained consistent in the child's statements. The judge stated that minor variations in how a young child expresses a traumatic event do not damage her credibility. The court also clarified that an authorized government counselor helping a child cope with trauma cannot be labeled as tutoring.
"The entire narration of the incident in the presence of the appellant and the fact that he himself reached a police station even before the complainant and family did, reflect the truthfulness of the testimony of the child and her mother," the judge observed.
The court also dismissed the argument about a delay in filing the FIR. It stated it was natural for the minor's mother to wait for her husband to return from another city before approaching the police. The judgment agreed with the trial court's view that sexual abuse of children is often underreported due to shame, guilt, and concerns about family honor.
Partial Relief: IPC Charges Set Aside
While upholding the conviction under the POCSO Act, the High Court provided partial relief to the appellant. It set aside his conviction and sentence for certain offences under the Indian Penal Code, such as sexual harassment. This decision was made on the technical ground that no specific charges were framed for these IPC offences during the trial.
This ruling underscores the judiciary's strict interpretation of the POCSO Act and its commitment to protecting children from sexual predators. It sends a clear message about the severe consequences of such heinous acts.
