Child Survivors Accused No Basis Delhi High Court Pocso

The Delhi High Court recently acquitted a man sentenced to life imprisonment for the sexual assault of a 10-year-old girl, observing that merely because there is an observation of the trial court about the survivor becoming uncomfortable and perturbed when she was shown the accused on a screen for identification cannot be the basis for conviction.

A division bench of Justices Prathiba M Singh and Vikas Mahajan noted that the evidence and circumstances on the record left reasonable suspicion regarding the accused’s involvement in the alleged sexual assault.

“Merely because there is a Trial Court’s observation with regard to the victim becoming uncomfortable and perturbed when she was shown the appellant on the screen for identification, cannot be the basis of conviction, when the evidence and circumstances on the record leaves reasonable suspicion as regards the Appellant’s involvement in the alleged sexual assault upon the victim and raises substantial doubt regarding the integrity of the prosecution’s case,” the order read.

The trial court had convicted the man under Sections 376AB, 341 and 323 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, sentencing him to rigorous imprisonment for the remainder of his natural life. The Trial Court convicted the appellant, recording that the victim had categorically stated the manner in which the offence was committed against her and had also identified the appellant as the person who committed the sexual assault.

The counsel appearing for the accused told the high court that there was a contradiction in the victim’s testimony as to the identity of the accused. It was further stated that the accused was not named either in the FIR or in the statement of any witness, adding that his name surfaced only on the basis of his confession made by him to the police while he was in custody in connection with another case.

On the other hand, counsel for the state drew the attention of the court to the observations of the Trial Court to contend that the moment the survivor saw the accused on the screen, her expression had changed and she became perturbed.

The high court noted that the prosecution’s case rested primarily on the testimony of the child survivor, who had identified the accused during the trial. However, the court found material inconsistencies in her account regarding whether she had been able to see the face of the alleged perpetrator.

“There is thus, an absence of coherence and consistency in the victim’s testimony insofar as identification of the accused is concerned. Her improved version regarding the presence of light near the place of incident finds no support from the site plans referred to herein above. Further, the victim, in her cross-examination, also stated that the paper on which she was made to write by the Investigating Officer was blank and nothing had been written on it,” the court remarked.

It also noted that the accused’s name surfaced after he was arrested in another case registered at the same police station. According to the prosecution, he confessed while in police custody to committing the sexual assault. The bench said this circumstance cast the prosecution case under a cloud of suspicion and raised the possibility that the accused, already in police custody in another case, may have been falsely implicated under pressure arising from public outcry.

The court also rejected state’s argument that the survivor had become perturbed when she saw the accused on screen during identification, noting that it can’t be the basis for conviction.

It therefore the court allowed the appeal and set aside his conviction and sentence. The bench directed that the man be released forthwith if he was not required in any other case.

Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More