AI Overview...
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Quarrel after Incident - In several cases, minor disputes or quarrels following the incident do not negate the credibility of the victim or the occurrence of abuse. Courts have emphasized that such quarrels, often stemming from misunderstandings or family disputes, are common and should not be conflated with the facts of the case. For example, in INDDEL00000150164, the court found no fault in the mother’s conduct post-incident and explained the delay in reporting due to family shame. Similarly, in INDMAD00000391691, frequent quarrels between the accused and the victim's family were noted, but these did not impact the case's validity. Prabir Bhuian alias Prabir Bhuinyan VS State of West Bengal - Crimes, GAGANDEEP vs STATE - Delhi, State VS Liyakat Ali - Delhi, Ishwer Soni vs State (Govt. of NCT of Delhi) - Delhi, State of Tamil Nadu Represented by The Inspector of Police, W-5, All Women Police Station, Vepery, Chennai. vs Ashok Kumar - Madras
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Delay in Reporting - Courts have consistently held that a delay in lodging FIRs, often due to shame, embarrassment, or family concerns, does not necessarily weaken the prosecution’s case if adequately explained. Several judgments, such as in 02100142315 and 01100135029, highlight that delays are understandable in sensitive cases involving minors and do not automatically lead to acquittal. Proper explanation of the delay, along with credible victim testimony, sustains the case. State VS Liyakat Ali - Delhi, Prema, W/o. Premkumar VS State rep. by, The Inspector of Police - Madras, State vs P.D.D. - Delhi, Prabir Bhuian alias Prabir Bhuinyan VS State of West Bengal - Crimes
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Assessment of Victim’s Testimony - Courts stress the importance of evaluating the victim's testimony carefully. If the child's account is confident, consistent, and free from embellishments, it can form a reliable basis for conviction. The courts have upheld convictions based on credible child witnesses, as seen in 01100125377 and 01100166930, emphasizing that minor discrepancies are normal and should not undermine the case. Prabir Bhuian alias Prabir Bhuinyan VS State of West Bengal - Crimes, Ishwer Soni vs State (Govt. of NCT of Delhi) - Delhi, 01100166930
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Main Points and Insights:
- Quarrels or disputes after the incident are common and do not necessarily indicate false allegations.
- Delay in reporting, when explained satisfactorily, does not invalidate the case.
- Credible and consistent victim testimony is vital for conviction under POCSO.
- Courts recognize the vulnerability of child witnesses and interpret their testimonies with care.
Conclusion: The legal stance reflects a nuanced understanding that minor post-incident quarrels and reporting delays are often understandable and do not automatically discredit the victim or the case. The focus remains on credible victim testimony and proper explanation of delays to uphold convictions in POCSO cases.
Search Results for "Quarrel after the Incident Not Fatal in Pocso Cases"
• India - Crimes
BIBEK CHAUDHURI
to impose its opinion at the time of appreciation of evidence of a case of sexual abuse – Court must always be alive to consider incident ... and scholastic education to discern a touch of love or affection from a vile act of indecency or abuse – Victim is best judge of incident ... The normal course of human conduct would be that while narrating the particular incident, there may occur minor discrepancies, such ... She asked her daughter about the incident when she told that she wanted to sleep with her mother but the a....
2023 0 Supreme(Del) 5761 • India - Delhi
SUDHIR KUMAR JAIN
The complainant, father of the victim, reported the incident to the police after an unexplained delay. ... Fact of the Case: The case involved an incident of sexual assault on a minor girl by ... The court also highlighted that the delay in lodging the FIR, if properly explained, would not be fatal to the case of the prosecution ... The victim did not raise alarm when the respondent no.1dragged her towards him as she was scared. The complainant A did not have any quarrel#HL_....
2025 Supreme(Online)(Del) 6671 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUMAR OHRI, J
The court found no faults in the mother’s conduct post-incident. ... The delay in reporting the incident was attributed to the family’s concern for embarrassment. ... The court reaffirms that delay in reporting the incident can be explained given the circumstances of the case, and the testimony ... He further stated that he made the call from Jailorwala Bagh and not their house as he did not want any person of the area to know about the incident due to shame. He denied that any #HL_STA....
2025 0 Supreme(Bom) 285 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
NITIN B. SURYAWANSHI, PRAVIN S. PATIL, JJ.
4, 18, 27) ... ... (B) Delay in lodging FIR - The one-month delay in reporting the incident ... She denied the suggestion given by the defence that prior to the alleged incident, her mother was saying that her father should withdraw the amount from the bank and post office and since her father was not withdrawing the amount, she and her mother pressurized him for the same and were raising quarrel ... In cross, she had admitted that she had not narrated the first incident to her frien....
2021 0 Supreme(Mad) 2875 • India - Madras
P.VELMURUGAN
Act, which is punishable under Section 10 of POCSO Act - Appeal allowed. ... Protection of Children from Sexual Offences Act, 2012 - Section 10, 29, 7, 3, 5, 9 (m) – Criminal Procedure ... accused has committed aggravated sexual assault on victim, offence committed by second respondent/accused falls under Section 9(m) of POCSO ... Even though, there is a delay in filing the FIR, cases like this, the delay is not fatal to the case of the prosecution. ... P.W.1 has further stated that sh....
• India - Delhi High Court
MANOJ KUMAR OHRI
The appellant was convicted for sexual assault of a minor victim, alleged to have occurred on April 29, 2016; victim reported the incident ... disprove allegations effectively - Statutory presumptions under POCSO Act applied in favor of the child victim. ... (A) Criminal Procedure Code, 1973 - Section 374 - Indian Penal Code, 1860 - Section 366A - Protection of Children from Sexual Offences ... The incident took place on 29.04.2016 at about 7 p.m. and the child victim returned to her home at about 9 p.m. when she disclos....
2024 Supreme(Online)(DEL) 11978 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, MANOJ JAIN
(Paras 106, 82) ... ... (B) Delay in Reporting - Delay in lodging FIR not fatal if satisfactorily ... finds trial court misread evidence as contradictions were trivial and superficial; victim's testimony was of sterling quality, not ... ... ... Issues: The main issues were whether delay in reporting was fatal and whether victim's testimony warranted conviction without ... He simply claimed that he had been falsely implicated as there used to be quarrel between him and his wife. ... Therefore, delay ....
2025 Supreme(Online)(Mad) 62601 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
The appeal against acquittal in Spl.S.C.No.77 of 2023 concerns allegations under Section 10 of the POCSO Act, involving an eight-year-old ... Due to misunderstanding between the accused and P.W.1, with regards to the money, there had been frequent quarrel between them. ... At the time of the incident, the victim was only eight years old. In fact, her servant maid had also witnessed the accused making the child sit on his lap and rubbing her thighs. ... It is true that in case of sexual offence, mere delay in lodging the complaint is immat....
2021 0 Supreme(Del) 997 • India - Delhi
MANOJ KUMAR OHRI
POCSO Act - Appeal against conviction under Sections 376/506 IPC and Section 6 of the POCSO Act - [AGE OF THE CHILD VICTIM, MLC ... Fact of the Case: The appellant was convicted for the offence punishable under Sections 376/506 IPC and Section 6 of the POCSO ... The court also noted the presumption of guilt under Section 29 of the POCSO Act and the failure of the appellant to rebut this presumption ... the incident, she was not in Delhi as she had gone with her mother to their native ....
2020 0 Supreme(Del) 963 • India - Delhi
MANOJ KUMAR OHRI
The testimony of a child witness must be evaluated carefully, but if it inspires confidence and is not embellished, the court may ... POCSO Act - Conviction under Section 366A IPC and Section 6 of the POCSO Act - [376 IPC, 6 POCSO Act] - The court upheld the conviction ... of the appellant under Section 366A IPC and Section 6 of the POCSO Act. ... The incident took place on 29.04.2016 at about 7 p.m. and the child victim returned to her home at about 9 p.m. when she disclosed about the....
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