Delhi HC acquits man in POCSO case, says stigma of being child abuser more painful than jail
New Delhi, Apr 17: The Delhi High Court, while setting aside the conviction and five-year sentence of a man accused of sexually assaulting a minor girl, has said that the social stigma suffered by those falsely accused of being "child abusers" is more painful than imprisonment.
Justice Anoop Kumar Mendiratta, presiding over the convict's appeal against the trial court's decision of January 2023, said there are significant flaws in the prosecution's case and the victim's testimony lacks reliability.
"The presumption of guilt under Section 29 & 30 of POCSO Act taken by the learned Trial Court could not be an edifice to convict the appellant since testimony of the victim is unreliable and there are serious flaws and gaps in the prosecution case," the court order, passed on Monday, said.
It emphasised that a wrongful conviction is worse than a wrongful acquittal.
"As a wrongful acquittal shakes the confidence of people, a wrongful conviction is far worse. A child abuser in the eventuality of false implication even continues to suffer a blot of social stigma which is much more painful than the rigours of a trial and imprisonment," the court order said.
The case dates back to 2016 when the victim (12) had alleged that the appellant, her aunt's brother, sexually abused her in her home.
The high court observed that there was a delay in the registration of FIR in the matter, which assumed significance on account of the matrimonial dispute between the victim's "chacha" (uncle) and "chachi" -- the appellant's sister.
"A complete stoic silence on the incident for a period of five days creates a deep shadow of doubt on the prosecution case. It may also be noticed that the victim has been changing her version regarding the acts committed by the appellant at her discretion," the order stated.
"It cannot be ruled out that the case is based upon tutoring or fabrication due to animosity and matrimonial disputes. It may also be noticed that the victim also refused for internal medical examination for no plausible reasons," it added.
The court, therefore, opined that the prosecution failed to bring home the charge against the accused beyond reasonable doubt and directed his release by acquitting him.
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TMC will be voted back to power in Bengal: Tejashwi Yadav
Patna (PTI): Leader of Opposition in Bihar assembly, Tejashwi Yadav, on Tuesday exuded confidence that the Mamata Banerjee-led TMC will again be voted to power in West Bengal.
Yadav returned to Patna after a four-day poll campaign in West Bengal.
“The atmosphere there is euphoric and people want to bring Didi (Mamata Banerjee) back to power. I am fully confident that the TMC will win the election,” he told reporters here.
He said that a large number of people from Bihar living in West Bengal share a lot of love and respect for Mamata Banerjee.
Responding to BJP’s allegations that the TMC had “ruined” West Bengal during its tenure, the RJD leader said the “entire country has been ruined under the Narendra Modi-led government”.
“I want to ask one question to Modi ji – you have been prime minister for more than 11 years, tell me one thing you have done for Bengal,” Yadav said.
The first phase of elections to the 294-member West Bengal assembly was held on April 23, while the second phase will take place on April 29. Votes will be counted on May 4.
