Delhi High Court Upholds Conviction Under POCSO Act: Rigorous Punishment for Heinous Crimes Against Minor
Statutory Presumptions Under POCSO Act Reinforce Conviction as Accused Fail to Rebut Evidence
In a landmark judgment, the Delhi High Court has upheld the conviction of two individuals under the Protection of Children from Sexual Offences (POCSO) Act, 2012, in the case of repeated physical assault and aggravated penetrative sexual assault on a minor. The judgment, delivered by Dr. Swarana Kanta Sharma, J., dismissed the appeals filed by the accused challenging their conviction and sentencing by the Trial Court.
The case involved a six-year-old child victim who was subjected to brutal physical and sexual abuse by her adoptive parents. The victim's testimony, corroborated by medical evidence, revealed shocking details of cruelty, including being burnt with a hot chimta, hung from a ceiling fan, and subjected to penetrative sexual assault. The Delhi High Court emphasized the statutory presumptions under Sections 29 and 30 of the POCSO Act, which shift the burden of proof to the accused once the victim testifies to the assault.
Despite the defense's arguments of false implication and tutored statements, the Court found no merit in these claims. The defense witnesses failed to discredit the prosecution's case, and the presumption of culpability remained unrebutted. The Court also highlighted the failure of the investigating agency to probe into the child's background, raising concerns about possible trafficking or unlawful custody.
The Court maintained the rigorous imprisonment sentences: one year for the offense under Section 323 of the IPC, two years under Section 75 of the Juvenile Justice Act, and twenty years under Section 6 of the POCSO Act for one of the accused. This judgment underscores the judicial system's commitment to protecting vulnerable children and ensuring justice against heinous acts.
Bottom Line:
Conviction under POCSO Act upheld based on the testimony of a minor victim, corroborative medical evidence, and statutory presumptions under Sections 29 and 30 of the POCSO Act. Defense arguments of false implication and defective investigation rejected.
Statutory provision(s): Indian Penal Code, 1860 Section 323, Juvenile Justice (Care and Protection of Children) Act, 2015 Section 75, POCSO Act, 2012 Sections 6, 29, and 30, Criminal Procedure Code, 1973 Section 313
R v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2781305
