'Physical relations' cannot automatically mean sexual assault: Delhi HC
New Delhi, Dec 29: The Delhi High Court has acquitted a man in a POCSO case, saying the use of phrase 'physical relations' by the minor survivor cannot automatically mean sexual assault.
A bench of Justices Prathiba M Singh and Amit Sharma allowed the appeal by the accused, who was awarded imprisonment for the remainder of his life, and observed that it was unclear how the trial court concluded that there was any sexual assault when the survivor had voluntarily gone with the accused.
The court asserted that the leap from physical relations or 'samband' to sexual assault and then to penetrative sexual assault must be established by evidence and cannot be deduced as an inference.
"The mere fact that the survivor is below 18 years cannot lead to a conclusion that there was penetrative sexual assault. The survivor, in fact, used the phrase 'physical relations', but there is no clarity as to what she meant by using the said phrase," the court said in the judgement passed on December 23.
"Even the use of the words 'samband banaya' is not sufficient to establish an offence under Section 3 of the POCSO Act or under Section 376 IPC. Though consent would not matter if the girl is a minor under the POCSO Act, the phrase 'physical relations' cannot be converted automatically into sexual intercourse let alone sexual assault," it held.
The court said the benefit of doubt ought to be in favour of the accused and, therefore, ruled, "The impugned judgement completely lacks any reasoning and also does not reveal or support any rationale for the conviction. Under such circumstances, the judgement is liable to be set aside. The appellant is acquitted."
The complaint in this case was lodged in March 2017 by the minor girl's mother, alleging that her 14-year-old daughter had been lured and kidnapped from her home by an unknown person.
The minor was found in Faridabad along with the accused, who was arrested and subsequently convicted for offence of rape under IPC and penetrative sexual assault under POCSO in December 2023 and later awarded imprisonment for the remainder of his life.
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Assam to lift all cases against Koch Rajbongshis in Foreigners' Tribunals: CM Himanta Biswa Sarma
Guwahati, Apr 4 (PTI): The Assam cabinet has decided to lift all cases pending against people from the Koch Rajbongshi community in the Foreigners' Tribunals, Chief Minister Himanta Biswa Sarma said on Friday.
They will also no longer carry the tag of 'D' or doubtful voters, he said.
''There are 28,000 cases pending in different Foreigners' Tribunals in the state against people of the community. The cabinet has taken a historic decision of lifting the cases with immediate effect,'' Sarma said at a press conference here after the cabinet meeting.
The government believes that the Koch Rajbongshis are an indigenous community of the state and they are an inextricable part of ''our social and cultural fabric'', he asserted.
The people of this community are poor and have suffered a lot over the years, he said.
''They will no longer carry the tag of foreigners or ‘D’ voters,'' the CM said.
Foreigners Tribunals are quasi-judicial bodies, particularly in Assam, established to determine if a person residing in India is a "foreigner" as defined by the Foreigners Act of 1946, based on the Foreigners (Tribunals) Order of 1964.
These tribunals are designed to address matters related to citizenship and the presence of “foreigners” in India, specifically focusing on cases where someone is suspected of being an illegal immigrant.
There are 100 Foreigners’ Tribunals across Assam.
The Koch Rajbongshis have a sizeable presence in Assam, West Bengal, Meghalaya, and parts of Bangladesh, Nepal, and Bhutan, and they demand Scheduled Tribe status.
