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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
State (Gnct Of Delhi) – Appellant
Versus
Suraj – Respondent
| Table of Content |
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| 1. judgment initiated for setting aside discharge of accused. (Para 1) |
JUDGMENT :
1. By way of the present petition, the petitioner-State seeks setting aside of order dated 05.08.2023 [hereafter "impugned order‟] passed by the learned Additional Sessions Judge-06/POCSO, Shahadra, Karkardooma Courts, Delhi [hereafter "Sessions Court‟], whereby the respondent-accused was discharged case arising out of FIR No. 127/2022, registered on 26.02.2022, at Police Station Shahdara, Delhi for the commission of offences punishable under Sections 354D/354/509 of the Indian Penal Code, 1860 [hereafter "IPC‟] and Sections 10/12 of the Protection of Children from Sexual Offences Act, 2012 [hereafter "POCSO Act‟].
3. The learned Sessions Court, after hearing arguments on charge, passed the impugned order dated 05.08.2023 discharging the accused/respondent. The relevant observations of the Sessions Court are as under:
2. The allegation levelled against accused Suraj in the FIR are that or 5 days before 26.02.2022 (date of registration of FIR) when the victim was, at about 3-4 p.m., passing through a lane (gali), she was inappropriately touched by the accused, in that lane, touched her hips
The court emphasized the need for careful handling of minor victim testimonies in sexual offense cases, stating that charges should be framed if sufficient suspicion exists.
Conviction under POCSO upheld based on established victim age and credible testimonies despite appellant's inconsistencies.
The court confirmed conviction for kidnapping and sexual assault under IPC and POCSO Act, emphasizing victim testimony's reliability and the statutory presumption of guilt established by the prosecut....
The court reaffirmed that convictions under both IPC and POCSO must adhere to statutory directives, favoring the harsher penalties under the POCSO Act when the offenses overlap.
The court held that mutual engagement between minors in sexual acts without coercion might not constitute a criminal offence, emphasizing the necessity for counseling rather than conviction.
Procedural lapses do not invalidate a conviction under the POCSO Act if the testimony of minor witnesses is credible and no demonstrable prejudice occurred to the accused.
Conviction upheld based on reliable child testimony, emphasizing sensitivity in evaluating child witnesses and the necessity of a speedy trial to ensure justice.
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