Court Emphasizes Reliability of Child's Testimony While Setting Aside IPC Conviction for Lack of Charges
In a significant judgment, the Delhi High Court has upheld the conviction of Dharmendra Kumar under the Protection of Children from Sexual Offences (POCSO) Act while setting aside his conviction under the Indian Penal Code (IPC) due to procedural lapses. The court reaffirmed the importance of the testimony of the child victim, highlighting its consistency and reliability, even as it noted procedural issues in the lower court's handling of IPC charges.
Presided over by Justice Neena Bansal Krishna, the court examined the appeal filed by Dharmendra Kumar against his conviction for aggravated sexual assault under Section 10 of the POCSO Act. The appellant was initially charged under sections of the POCSO Act and IPC, but the trial court had failed to frame specific charges under IPC sections 354, 354A, and 354B, leading to their conviction being set aside.
The case stemmed from an incident on June 17, 2022, when the appellant, a tenant in the victim's home, was accused of sexually assaulting a minor. The FIR was registered two days later, which the court found satisfactorily explained by familial and societal pressures. The testimony of the child victim was pivotal in the trial, as she consistently recounted the assault, supported by her mother's corroborative evidence.
The High Court emphasized the presumption of guilt under Section 29 of the POCSO Act, which the appellant failed to rebut. Despite the defense's argument regarding procedural lapses, such as the competency assessment of the child witness and alleged tutoring, the court found these objections unfounded.
While upholding the POCSO Act conviction, the court highlighted the procedural oversight in the IPC charges, noting that no separate sentence or charges were framed under these sections, resulting in their dismissal. The court's decision underscores the careful balance between procedural diligence and the substantive reliability of victim testimony in cases of sexual assault.
Bottom Line:
POCSO Act - Conviction based on consistent testimony of child victim and corroborative evidence from her mother - Presumption under Section 29 of POCSO Act validly applied - Procedural concerns regarding competency of child witness addressed appropriately.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Section 10, Indian Penal Code, 1860 Sections 354/354A/354B, Evidence Act, 1872 Section 118
Dharmendra Kumar v. State Govt. of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2833284
