Delhi High Court Clears Man In POCSO Case, Emphasizes Dangers Of Wrongful Conviction

On Monday, the Delhi High Court acquitted a man charged under the Protection of Children from Sexual Offences (POCSO) Act, 2012, citing inadequacies and contradictions in the prosecution’s case. The court stated that the prosecution failed to establish the allegations beyond a reasonable doubt.

Justice Anoop Kumar Mendiratta remarked that wrongful acquittals undermine public trust, emphasizing that false accusations in child abuse cases are more distressing than prosecution and conviction. Mendiratta further noted that the prosecution’s case was marred by inconsistencies and deficiencies, making it unable to prove the accused’s guilt beyond a reasonable doubt.

“A child abuser, in the eventuality of false implication, even continues to suffer a lot of social stigma, which is much more painful than the rigours of a trial and imprisonment,” Justice Mendiratta said in the judgement passed on April 15.

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The appellant was sentenced to five years in prison and fined Rs. 4000 for violating Section 10 of the POCSO Act, 2012, and Section 506 of the IPC. Additionally, the appellant was ordered to pay Rs. 20,000 in compensation to the victim. The case was filed in 2016 at Jaitpur police station under various sections of the POCSO Act and the IPC.

The High Court stated that the possibility of the case being based on coaching or fabrication due to animosity and marital disputes cannot be dismissed. Furthermore, the court highlighted that the victim declined internal medical examination without providing any reasonable explanation. Additionally, the court observed that the victim changed her account of the appellant’s actions at her own discretion.

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