Delhi HC upholds acquittal in POCSO case

New Delhi, Jun 18 (PTI) The Delhi High Court has upheld the acquittal of an accused in a Protection of Children against Sexual Offences (POCSO) Act case.

Justice Amit Mahajan was hearing the state government's plea against a September 2020 verdict of the trial court acquitting the accused under Sections 10 (aggravated sexual assault) and 9 (m) (sexual assault on a child below 12 years) of the POCSO Act.

In an order on June 17, the judge said, "It is trite law that this court must exercise caution and should only interfere in an appeal against acquittal where there are substantial and compelling reasons to do so." The accused, the court said, was acquitted after material inconsistencies were found in the depositions of the minor girl and her parents.

The judge said that the minor resiled from the allegations of sexual assault in her cross-examination, saying the accused had only slapped her.

It also came on record that the minor’s father denied being informed about the alleged sexual assault by his wife and that he alerted the police.

"It was further noted by the trial court that the mother of the prosecutrix, in her cross-examination, denied the fact that the prosecutrix informed her that the accused had sexually assaulted her," the judge said.

The high court pointed out that the trial court had "rightly acquitted" the accused.

"Trial court rightly acquitted the accused/respondent. In the present case, none of the material witnesses supported the case of the prosecution, and the prosecutrix supported the case of the prosecution till her examination-in-chief, but resiled in her cross-examination," it held.

Even the allegations against the accused were not supported by any other corroborative evidence, including medical evidence, the judge said.

The order went on, "Two neighbours of the accused were examined as defence witnesses who deposed that an altercation had taken place between the mother of the prosecutrix and the accused, due to which she had called the police; however, they also denied any incident of sexual assault of the prosecutrix." The court underlined the state government's failure in establishing a prima facie case in its favour, leaving it without any "credible ground" to allow it the leave to appeal in the present case. PTI MNR MNR AMK AMK