Delhi High Court Upholds Conviction of Mother for Abetting Sexual Assault on Minor Daughter
Court affirms 25-year rigorous imprisonment for mother who facilitated repeated sexual abuse, citing compelling testimonies and statutory presumptions under POCSO Act.
The Delhi High Court, presided by Justice Dr. Swarana Kanta Sharma, has upheld the conviction of a mother, identified as 'K', for abetting the repeated sexual assault of her own minor daughter. The mother was sentenced to 25 years of rigorous imprisonment under Sections 6 and 17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The court's decision reaffirms the importance of safeguarding minors and the role of statutory presumptions in child sexual abuse cases.
The case originated from an FIR lodged in January 2020, based on a complaint by the victim's father. The victim, a minor at the time of the incidents, disclosed to her grandmother that her mother and co-accused, Alok Yadav, repeatedly subjected her to sexual assault. The allegations were substantiated by testimonies from the victim, her grandparents, and her father, which were found to be consistent and corroborative.
The defense contended that the trial court failed to appreciate inconsistencies and the delay in filing the complaint. However, the High Court dismissed these arguments, highlighting that the delay was justified due to the victim's vulnerable age and the serious illness of her grandmother, to whom the victim first disclosed the abuse.
The court emphasized that the victim's testimony, which detailed the abuse and her mother's complicity, was of sterling quality. The statutory presumption under Section 29 of the POCSO Act was applied, shifting the burden to the accused to disprove the allegations, which they failed to do.
Justice Sharma underscored the grave nature of the crime, noting the societal alarm and trauma caused to the victim, and emphasized the need for punishment that balances reformative and deterrent objectives. The court's decision sends a strong message against child sexual abuse and the betrayal of trust by those expected to protect children.
Bottom Line:
POCSO Act - A mother convicted for abetting the repeated sexual assault of her own minor daughter - Court upheld the conviction and sentence based on the testimonies of the victim and corroborative evidence.
Statutory Provision(s): Protection of Children from Sexual Offences (POCSO) Act, 2012 - Sections 6, 17, 21, 29, 30; Indian Penal Code, 1860 - Sections 376, 506, 34
K v. State NCT of Delhi, (Delhi) : Law Finder Doc Id # 2785625
