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2025 Supreme(Online)(Del) 7144

IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J
K – Appellant
Versus
STATE NCT OF DELHI – Respondent
CRL.A. 829/2025



Advocates:
For the Appellants/Petitioners: Mr. Himanshu Gupta
For the Respondents: Mr. Manoj Pant, APP

Abetting sexual assault by a parent constitutes a grave offense, warranting conviction under relevant laws even with delayed disclosures of the crime.

Headnote:(A) Indian Penal Code, 1860 - Sections 376/506/34 - Protection of Children from Sexual Offences Act, 2012 - Sections 6, 17, 21 - Conviction for abetting rape of minor daughter - Accused mother facilitated the sexual assault and failed to protect her child - Conviction upheld. (Paras 1, 11, 17, 36, 39)

(B) Delayed disclosure in sexual offences - Delay explained by victim's age and familial dynamics; not impairing credibility of prosecution's case. (Paras 28, 30)

(C) Testimony of the victim regarded as sufficient provided it is consistent and corroborated; absence of medical evidence is not fatal to the case. (Paras 33, 34)

Facts of the case:
The appellant mother was convicted for facilitating the sexual assault of her minor daughter by co-accused Alok Yadav, who lived in the same household. The victim disclosed abuse after being returned from her grandparents' home, which prompted the filing of the FIR. (Para 3, 11)

Findings of Court:
The victim’s consistent testimony corroborated by family members established the mother’s complicity in the abuse, fully justifying the charges under the POCSO Act. (Para 35)

Issues: Central issues were regarding the mother's complicity in the sexual abuse and the credibility of the victim's delayed disclosures. (Paras 28, 29)

Ratio Decidendi: The mother's active role in facilitating the abuse constituted abetment under POCSO, affirming conviction beyond reasonable doubt. The delay in FIR registration was reasonably explained due to the victim's age and circumstances surrounding disclosures. (Paras 35, 41)

Result: Impugned judgment of conviction as well as order on sentence is upheld.

Table of Content
1. details establishing the commission of the crime and the appellant's involvement. (Para 3 , 4 , 5)
2. arguments presented regarding contradictions and credibility. (Para 8 , 9)
3. victim's testimony is pivotal in establishing the case. (Para 11 , 19 , 20 , 21 , 22)
4. discussion on the credibility of the victim's testimony and delay in fir registration. (Para 25 , 28 , 29)
5. conclusion on the established guilt and necessity of appropriate sentencing. (Para 35 , 39)
6. court confirms conviction based on the evidence presented. (Para 41)

2. The appellant has, by way of this appeal, assailed the judgment dated 15.02.2025 [hereafter ‘impugned judgment’] and order on sentence dated 27.02.2025 [hereafter ‘impugned order on sentence’], passed by the learned Additional Sessions Special Judge (FTSC) (POCSO), South-East District, Saket Courts, Delhi [hereafter ‘Trial Court’] whereby she has been convicted in SC No. 119/2020 arising out of FIR No. 21/2020, registered at Police Station Sarita Vihar, Delhi, for the commission of offence punishable under Sections 376 /506/34 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 BACKDROP

3. The FIR in the present case was registered on the basis of a written complaint lodged by the father of the victim child. He stated that in August 2017, he had come to Delhi along with his wife ‘K’ (the appellant) and their minor daughter ‘S’ (victim) in search of employment. In Delhi, he had become acquainted with one Alok Yadav, who had arranged private jobs for him and his wife, and thereafter they had started residing in a house at Jasola, Sarita Vihar. It was alleged that in October 2018, when the victim child expressed her wish to return to her native place, the complainant had requested his father to take her back to the village. After the victim had been sent home, the appellant and Alok insisted on bringing her back. When the complainant asked his mother (the victim’s grandmother) to send the child back to Delhi, the victim refused and, while tearfully narrating to her grandmother, disclosed the acts committed by Alok Yadav and her mother ‘K’. She revealed that whenever her father was away on night duty, Alok Yadav and her mother would sleep together on the same bed and made her sleep beside them. They would then engage in indecent acts (gande kaam) in her presence, and Alok Yadav would also commit such indecent acts (gande kaam) with her. She further stated that whenever she resisted, her mother would beat her and compel her to submit to Alok, saying that he was the one running the household. She also narrated that when she threatened to disclose the incident to her father, both Alok and her mother assaulted her and threatened to kill her father. It was alleged that after learning of these disclosures, the complainant and his parents were devastated, while the victim child was deeply shocked and became fearful at the very sight of men. It was alleged that Alok Yadav, with the active assistance of the victim’s mother ‘K’, had repeatedly subjected the child to sexual assault. On these allegations, the present FIR was registered on 18.01.2020.

4. During the course of investigation, the victim was medically examined at AIIMS Hospital, Delhi, her statement under Section 164 of the Cr.P.C. was recorded before the learned Magistrate, and the accused persons were arrested. After completion of investigation, chargesheet was filed before the concerned Court, pursuant to which charges were framed against the accused persons.

5. During trial, prosecution examined 10 witnesses to prove its case. Thereafter, statements of accused persons were recorded under Section 313 of Cr.P.C. but no defense evidence was led by them. After hearing final arguments, the learned Trial Court was pleased to convict the co-accused Alok Yadav for commission of offence punishable under Section 6 of POCSO Act and Sect

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