Delhi High Court Upholds Conviction in POCSO Case, Reinforces Statutory Presumption

Court dismisses appeal, upholds rigorous imprisonment for attempt to commit penetrative sexual assault on a nine-year-old under statutory presumptions of POCSO Act.

In a significant judgment reinforcing the Protection of Children from Sexual Offences (POCSO) Act's statutory presumptions, the Delhi High Court has dismissed the appeal of Jai Mangal Mehto, thereby upholding his conviction for attempting to commit a penetrative sexual assault on a nine-year-old girl. The court supported the lower court's decision, which had sentenced Mehto to ten years of rigorous imprisonment along with a fine.

Justice Dr. Swarana Kanta Sharma, presiding over the case, emphasized the statutory presumption under Sections 29 and 30 of the POCSO Act. The court noted that once the victim testifies to a sexual offence, the burden shifts to the accused to rebut the presumption of guilt. In this case, the consistent testimonies of the victim and her parents, corroborated by forensic evidence linking the accused's DNA to semen found on the victim's clothes, were deemed sufficient to uphold the conviction.

The appeal, which sought to overturn the conviction on grounds of procedural lapses and alleged intoxication, was found lacking in merit. The defense argued that the victim's intact hymen and the changing of her clothes by her mother before medical examination compromised the evidence. However, the court ruled that these factors did not negate the attempt at sexual assault, especially when the presence of semen on the victim's clothes was established through DNA analysis.

The court also rejected the defense of intoxication, noting the absence of any medical evidence supporting the accused's claim of being too intoxicated to form the necessary intent. The decision highlighted that intoxication could absolve criminal liability only if it rendered the accused incapable of forming the requisite mens rea, which was not demonstrated in this case.

Justice Sharma underscored the credibility of the prosecution's evidence, dismissing the defense's claims of evidence tampering as speculative. The court concluded that the prosecution had successfully established the appellant's guilt beyond reasonable doubt, with the testimonies and forensic evidence forming a cogent and credible chain.

This judgment reinforces the stringent provisions of the POCSO Act, particularly the reverse burden of proof, and underscores the judiciary's commitment to safeguarding children's rights and ensuring justice in cases of sexual offences.

Bottom Line:

Protection of Children from Sexual Offences Act - Statutory presumption under Sections 29 and 30 of POCSO Act upheld - Consistent testimonies of victim and parents corroborated by forensic evidence linking accused's DNA to semen on victim's clothes sufficient to establish guilt - Defence of intoxication or procedural lapses do not exonerate accused.

Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 - Sections 18, 5(m), 5(n), 29; Indian Penal Code, 1860 - Sections 376AB, 511; Bharatiya Nyaya Sanhita, 2023 - Section 23.

Jai Mangal Mehto v. State (Govt. N.C.T. Of Delhi)), (Delhi) : Law Finder Doc Id # 2799529