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.

JUDGMENT :

SWARANA KANTA SHARMA, J.

1. By way of the present appeal, the appellant seeks setting aside of the judgment dated 30.05.2024 [hereafter "impugned judgment‟] and order on sentence dated 16.01.2025 [hereafter "impugned order on sentence‟], passed by the learned Additional Sessions Judge (FTSC) (POCSO)-03, South-West District, Dwarka Courts, Delhi [hereafter "Trial Court‟] in Sessions Case No. 540/17, arising out of FIR bearing no. 233/2017, registered on 10.08.2017 at Police Station Najafgarh, Delhi for the commission of offence punishable under Section 376 of the Indian Penal Code, 1860 [hereafter "IPC‟] and Section 6 of the Protection of Children from Sexual Offences Act, 2012 [hereafter "POCSO Act‟].

FACTUAL BACKGROUND

2. Briefly stated, the facts of the present case are that on 10.08.2017, child victim "S‟ had written a letter to her school teacher regarding her sexual exploitation by her uncle (fufa) from the last 4 years and sought help of her teacher to save her. In the said letter, she mentioned that her uncle would regularly do bad things to her and had been doing so continuously for the past four years. He used to threaten her by saying that if she told anyone, both of them would die together. She further narrated that on one occasion, while he was committing the said act, her elder brother arrived, and she quickly went and opened the door. When her brother asked her why her face was red, she did not say anything because the accused had beaten her that day. She also stated that the accused had repeated the act even the day before. In her letter, she expressed her desperation and fear, stating that she did not want to die, and that despite her refusal, the accused continued to sexually abuse her, beat her, and threaten her on a daily basis. Upon receiving this letter, the school administration had called the police.

3. After arrival of a counsellor, the statement of the child victim was recorded by the police, who disclosed that she had been residing for the past 6–7 years with her paternal aunt (bua), her aunt's husband (fufa), whom she addressed as "daddy‟, and her grandmother. She had been studying in Class 8th at GovernmentSchool No. 3, Najafgarh. She stated that for the past four years, her uncle had been sexually assaulting her. Whenever she used to return from school, he used to take her either to the upstairs or downstairs room, bolt the door from inside, undress her and himself, and insert his private part into hers. He also used to press and suck her chest with his hands and mouth. She narrated that even on the previous day, i.e., 09.08.2017, after she had come back from school and was sitting in the room, the accused had entered, latched the door, removed her leggings and undergarment, undressed himself, and again inserted his private part into hers before leaving to sleep in the upper room. She stated that she had never informed anyone about these repeated acts due to fear, but now she wanted strict punishment for the accused.

4. On the basis of the statement of the victim, the present FIR was registered. Thereafter, the child victim was taken for medical examination on 10.08.2017 at Rao Tula Ram Memorial Hospital, Jaffar Pur, New Delhi- 110073, where the child victim gave the history of sexual assault by her uncle (appellant/accused), and also stated that last assault took place one day before the examination. The doctor concerned took the sample of the child victim and