Conviction under Section 6 POCSO Act changed to Section 10 due to lack of evidence for penetrative assault; Appellant's sentence adjusted to minimum mandatory imprisonment.
In a significant ruling, the Delhi High Court has modified the conviction and sentence of Hamid Khan, who was initially convicted under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. Justice Manoj Kumar Ohri, presiding over the appeal, altered Khan's conviction to Section 10 of the POCSO Act, citing insufficient evidence to substantiate the charge of penetrative sexual assault.
The appellant, Hamid Khan, was originally sentenced to 10 years of rigorous imprisonment for aggravated penetrative sexual assault. However, the High Court found that the evidence did not convincingly support this charge, primarily due to inconsistencies in the child victim's statements and a lack of corroborative forensic evidence.
The case, originating from an FIR filed in 2015, involved serious allegations made by the victim's grandmother, who claimed to have witnessed Khan engaging in inappropriate conduct with the child. The Court noted that while the allegations of fondling were consistent and credible, the more severe accusations of penetration and fingering were not substantiated beyond reasonable doubt.
The delay in lodging the FIR and subsequent inconsistencies in the victim's statements raised concerns about the reliability of the testimony regarding the more serious allegations. The judgment emphasized that while a child's testimony can form the sole basis for a conviction in sexual assault cases, it must meet the "sterling quality" standard, which was not achieved in this instance.
Acknowledging these findings, the Court reduced Khan's sentence to the minimum mandatory five years of rigorous imprisonment as prescribed under Section 10 of the POCSO Act. The fine imposed and the sentence in default of payment were maintained.
The judgment also highlighted the importance of corroborative evidence, particularly in cases involving child victims, to ensure justice is served while safeguarding against wrongful convictions. The Court expressed its appreciation for the assistance provided by the Amicus Curiae, Mr. Kunal Sharma, in representing the victim.
Bottom Line:
Conviction under Section 6 POCSO Act altered to Section 10 POCSO Act due to lack of evidence proving penetrative sexual assault beyond reasonable doubt, and minimum mandatory sentence of RI for 5 years imposed.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 6, 5(m) & (p), 10, 9(m) & (p); Criminal Procedure Code, 1973 Sections 161, 164, 313, 428; Indian Penal Code Section 506.
Hamid Khan v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2833632
