The presumption of innocence operates strongly in favor of an accused acquitted at trial, with the appellate court cautious in reversing such decisions based on inconsistent witness testimony.

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL)

1. By way of the present appeal, the State has assailed the judgment dated 06.06.2015 and the order on sentence of even date passed by the learned ASJ-01, North-East District, Karkardooma Courts, Delhi in SC No. 51/2014, arising out of FIR No. 554/2014 registered under Sections 354 /354-A/354-B IPC and Section 10 of the POCSO Act at P.S. Bhajanpura. Vide the impugned judgment, the respondent/accused was acquitted of all charges.

2. The case of the prosecution, briefly put, is that on the intervening night of 01.05.2014, the accused, father of the prosecutrix aged about 11 years, allegedly offered her Rs.10 to sleep with him, touched her chest, and asked her not to disclose the same to her mother. The prosecutrix thereafter Signature Not Verified CRL.A. 207/2020 Page 1 of 7 approached her mother (PW-6), who lodged the complaint. On this basis, FIR No. 554/2014 was registered on 02.05.2014. The prosecutrix’s statements were recorded under Sections 161 and 164 Cr.P.C., and her age was verified through school records proved by PW-4, the Principal of E* Girls School. A chargesheet was filed under Sections 354 /354-A/354-B IPC and Section 10 of the POCSO Act.

3. At trial, the prosecution examined 10 witnesses. The prosecutrix was examined as PW-2. Her mother was examined as PW-6. PW-4, the school principal, proved the date of birth. PW-7, Dr. Keya Vaid, proved the MLC. The rest were formal witnesses who deposed as to various aspects of the investigation. In his statement recorded under Section 313 Cr.P.C, the respondent alleged false implication at the instance of his wife, citing frequent quarrels over his drinking habit. He further alleged that the child was tutored by her mother. No defence evidence was led.

4. Learned counsel for the State argued that the trial court erred in acquitting the accused despite the consistent core of the prosecutrix’s testimony, corroborated by her mother, and that the statutory presumption under Sections 29 and 30 of the POCSO Act had not been applied in its true spirit.

5. Per contra, learned Amicus Curiae submitted that the appeal was filed with a delay of 218 days, which itself had not been satisfactorily explained. On merits, it was urged that the testimonies of PW-2 and PW-6 were inconsistent and improved upon at each stage, whether in the FIR, Section 161 and Section 164 statements, the medical history, or depositions before court. It was also contended that the admitted discordial relationship Signature Not Verified CRL.A. 207/2020 Page 2 of 7 between the accused and PW-6 created a genuine possibility of false implication.

6. A perusal of the trial court record shows that material inconsistencies emerged in the testimonies of the prosecutrix (PW-2) and her mother (PW- 6). The prosecutrix, though only 11 years old at the time, gave differing versions of the incident at every stage. In her Section 161 Cr.P.C. statement, the prosecutrix alleged that the accused touched her chest and offered her Rs.10. In her statement under Section 164 Cr.P.C., the prosecutrix reiterated the allegations and added that the accused attempted to pull her frock and underwear. Before the doctor, she gave history that her trousers were undressed while she was sleeping. In court, she stated that she was sleeping with her siblings when the accused touched her chest and offered her money. 7. PW-6 too gave varying versions. In her initial complaint she spoke only of touching of the chest, whereas in her Section 164 Cr.P.C. statement she alleged pulling of frock and underwear. In her deposition before court, she admitted that the accused was heavily drunk on the night of the incident and also acknowledged frequent quarrels between them. In cross- examination, PW-6 admitted that her elder daughter was sleeping with the prosecutrix at the time of the incident, contrary to PW-2’s deposition that the elder siste