Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
State – Appellant
Versus
Sunil & Ors. – Respondents
Cr.L.P. 680 of 2019
Decided On : 11-09-2023
POCSO Act - Acquittal - Sections 363/376/366/368/506/34 IPC and Sections 4/21 of the POCSO Act - [POCSO Act] - [Sections 363/376/366/368/506/34 IPC, Sections 4/21 of the POCSO Act] - The court discussed the failure of the prosecution to prove the guilt of the accused beyond reasonable doubt, highlighting inconsistencies in the victim's statement regarding her age and conduct, lack of corroboration, and the possibility of false accusation against the respondents. The court emphasized the importance of considering the overall facts and circumstances of the case before arriving at a just decision, ultimately leading to the acquittal of the accused.
Fact of the Case:
The case involved a complaint regarding the missing of a 12-year-old girl, who later reported being sexually assaulted by the accused. The trial court acquitted the accused due to the prosecution's failure to prove their guilt beyond reasonable doubt.
Finding of the Court:
The court found that the prosecution failed to establish the guilt of the accused beyond reasonable doubt, highlighting inconsistencies in the victim's statement, lack of corroboration, and the possibility of false accusation against the respondents.
Issues: The key issues revolved around the credibility of the victim's statement, the age of the victim, and the conduct of the victim and accused.
Ratio Decidendi: The court emphasized the importance of considering the overall facts and circumstances of the case, highlighting the need for corroboration and the potential for false accusation, ultimately leading to the acquittal of the accused.
Final Decision: The petition seeking leave to appeal was dismissed, affirming the acquittal of the accused by the trial court.
JUDGMENT
Suresh Kumar Kait, J. The present petition seeking leave to appeal under Section 378 Cr.P.C. has been filed against the impugned judgment dated 07.08.2019 passed by learned trial Court in FIR No.994/2014, registered at police station Aman Vihar, Delhi for the offences Sections 363/376/366/368/506/34 IPC and Sections 4/21 of the Prevention of Children from Sexual Offences Act, 2012 (henceforth referred to as the "POCSO Act"), whereby respondents-accused have been acquitted by the learned trial court giving benefit of doubt.
2. During the pendency of the present appeal, this Court was informed that respondent No.2-Saroj has passed away. On the directions of this Court, petitioner-State verified the factum of death of respondent No.2 and vide status report dated 01.08.2023, Death Certificate of respondent No.2 has been placed on record, wherein it is recorded that she passed away on 05.05.2021. In this view of the fact, vide order dated 02.03.2023, the present appeal against respondent No.2 stood abated and the present petition was heard qua respondents No.1 & 3 only.
3. The facts giving rise to the present petition are that on 13.09.2014, brother of the victim girl registered a complaint regarding missing of his sister aged 12 years since 04.09.2014. The complainant apprehended that one Mohan Chauhan had kidnapped her. On his complaint, FIR in question was registered. On 01.10.2014, the victim girl was brought to the Police Station Sultanpuri, Delhi where she reported that some wrong act had been committed upon her. The victim girl was taken for medical examination where she narrated that she was sexually assaulted by one Sunil repeatedly from 04.09.2014 till 30.09.2014.
4. The statement of victim under Section 161 Cr.P.C. was recorded by the police wherein she stated that she was scolded by her brother and sister-in-law on 04.09.2014. She left the house and reached railway line Sultanpuri where respondent No.1 accused Sunil met her and took her to the nearby park and established physical relations with her. Thereafter, he brought her to his house where his parents and two brothers were also living and she stayed there for a month. The victim alleged that respondent No.1 established physical relations with her everyday and threatened to kill her in case she tried to escape. However, on 01.10.2014 she was brought to the police station Sultanpuri, where her statement was recorded wherein she stated that a day previous thereto, she had gathered courage to escape and met some police persons on the way, who brought her to the police station.
5. On the complaint of the victim, respondent No.1-accused was arrested and medically examined. Statement of victim under Section 164 Cr.P.C. was recorded wherein victim alleged that respondent No.1-Sunil kept her in his house for a month and forcibly made physically relations with her.
6. After completion of investigation, charge sheet was filed in the trial court. The charges for the offence punishable under Section 21 of the POCSO Act, was framed against respondents/accused No. 2 & 3, i.e. Saroj and Jagdish, who are the parents of respondent/accused No.1-Sunil. Charge for the offence punishable u/s 363/366/368/506 IPC and 6 POCSO Act and in the alternative Section 376(2)(n) IPC, were framed against the accused respondent No.1.
7. In support of its case, the prosecution has examined as many as fourteen witnesses. Statement of accused under Section 313 Cr.P.C. was recorded wherein they pleaded not guilty and examined four witnesses in their defence. The learned court of Sessions, considering the testimony of the witnesses and on the basis of the material placed before the court held that the prosecution had failed to prove the guilt of accused beyond reasonable doubt. Hence, all the accused were acquitted by giving benefit of doubt. It is against the aforesaid acquittal, the present petition seeking leave to appeal against the impugned judgment has been filed by the appellant-State
The importance of proving guilt beyond reasonable doubt, considering the overall facts and circumstances of the case, and the potential for false accusation in criminal proceedings.
The central legal point established in the judgment is the significance of evidence regarding the prosecutrix's age, the reliance on medical evidence and victim's statement, and the evaluation of dis....
The principle of proving offences beyond reasonable doubt and the significance of inconsistencies in witness testimony in criminal cases.
The central legal point established in the judgment is that the physical relationship between the respondent and the victim, who was almost fifteen years of age and married to the respondent, cannot ....
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
The court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.
The prosecution must establish its case beyond reasonable doubt, and the court will consider all evidence and circumstances to determine guilt or innocence.
The prosecution bears the burden of proving the victim's age in cases involving the POCSO Act, and failure to do so undermines the validity of charges related to sexual offences against minors.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
