Jammu & Kashmir High Court Directs Construction of Overhead Bridge or Underpass on Ring Road for Safe Passage of Villagers Minor Injuries No Bar for Framing Charges Under Section 307 IPC if Intent to Kill is Present: Supreme Court Prosecution's Case Full of Glaring Doubts:  Supreme Court Overturns Conviction in Abduction and Murder Case Allegations of Dowry Demand in FIR Found Vague and Driven by Civil Property Dispute: Supreme Court Quashes FIR and Chargesheet in Dowry-Cruelty Case Local Police Failed to Perform its Duties: SC Directs New Investigating Officer in Property Dispute Properties Acquired By Gift During Marriage Remain Separate Property Of Spouse Under French Civil Code; Husband Entitled To Half Share Only In Community Assets: Madras High Court Abuse Of Process: Supreme Court Dismisses Plea Against Closure Of Human Trafficking Complaint, Flags Lack Of Bona Fides Access To Justice Cannot Be Denied When Tribunal Is Not Functioning': Calcutta High Court Holds Writ Maintainable Under Article 226 Amid Stalled Conciliation Proceedings Violation Of Natural Justice Overrides Bar On Maintainability Under Section 18 MSMED Act: Orissa High Court Panic In A Train Does Not Mean Self-Destruction: Punjab & Haryana High Court Grants ₹8 Lakh Compensation For Passenger's Death In Stampede Section 101 JJ Act | Date Of Knowledge Of Order, Not Mere Knowledge Of Disposal, Commences Limitation Period: Delhi High Court Telangana High Court Quashes Order Declaring Inam Land As Govt Property Without Determining Occupancy Rights Proviso To Section 125(3) CrPC Does Not Limit Enforcement Of Monetary Relief Orders Under Section 20 DV Act: Telangana High Court Regularization Of Deviation Within Permissible Plot Envelope Governed By Uniform Fee Schedule, Arbitrary 5X Penalty Unsustainable: J&K&L High Court Man Who Blackmailed Woman With Her Own Nude Photos To Rape Her Repeatedly Can't Escape Conviction Merely Because His Voice Sample Wasn't Taken: Delhi High Court Arbitration Clause In Sale Agreement Cannot Be Invoked If Subject Matter Involves Third-Party Title Disputes: Madhya Pradesh High Court Trial Court Errs In Dismissing Amendment Plea If New Facts Emerge From Written Statement: Punjab & Haryana High Court 'No Compensation For Own Wrong': Gujarat High Court Rules Tortfeasors & Legal Heirs Cannot Claim Motor Accident Damages Under Section 166 MV Act Allahabad High Court Pulls Up Police And Magistrates Over Illegal Remand Of Juvenile Accused Section 13(1)(ia) & (ib) Hindu Marriage Act | Spouse Seeking Divorce On Grounds Of Cruelty And Desertion Must Prove Allegations With Cogent Evidence: Telangana High Court Cannot Let Land Become Banjar: Punjab & Haryana High Court Upholds Appointment Of Receiver Under BNSS Amidst Pending Civil Title Disputes Section 8 Arbitration Act | Executing Court Must Refer Parties To Arbitration If Dispute Falls Within Scope Of Compromise Decree: Madhya Pradesh High Court Suit For Damages Arising Out Of Tortious Injury Barred By Limitation If Not Filed Within One Year: Punjab & Haryana High Court 72-Hour Gap Not Proximate: Calcutta High Court Quashes Murder Conviction, Holds 'Last Seen' Theory Inapplicable When Time Gap Is Wide Original Owner Cannot Create Trust Over Property Already Sold; Separate Relief For Title Declaration Not Required: Madras High Court

Material Improvements in Testimony Lead to Conviction Modification in POCSO Case: Delhi High Court

07 May 2024 8:19 AM

By: Admin


In a significant ruling by the Delhi High Court on November 6, 2023, a previous conviction under the stringent Section 6 of the Protection of Children from Sexual Offences (POCSO) Act was modified due to what the court termed as "material improvements" in the victim's testimony. The Hon'ble Mr. Justice Amit Bansal, after a thorough examination of the case, delivered a judgment that casts a critical eye on the prosecution's reliance on inconsistent testimonies.

Justice Bansal observed, "There have been material improvements in the statements made by the victim," pointing to discrepancies in the description of the assault over time. Initially, the victim, a six-year-old at the time of the incident, stated that the accused had touched her through her clothes, but later statements included more severe allegations of insertion and threats, which were not corroborated by medical evidence.

The court highlighted a "serious lapse in the investigation" due to the prosecution's failure to examine other children present during the incident. This gap in the investigative process raised questions about the credibility of the prosecution's case.

In his ruling, Justice Bansal remarked, "It cannot be disregarded that the victim at the time of the incident was a child of six years and therefore, some leeway has to be provided for minor inconsistencies in her statement." However, he asserted that the contradictions noted were neither minor nor immaterial, ultimately leading to the conclusion that the charge under Section 6 of the POCSO Act was not proved beyond reasonable doubt.

While the delay in filing the FIR was deemed sufficiently explained, the court found that the conviction should be modified. The appellant was thus convicted under Section 10 of the POCSO Act for "aggravated sexual assault" and sentenced to five years of rigorous imprisonment.

The case brings to light the complexities of legal proceedings involving young children and the utmost care that must be taken to ensure that their testimonies are handled with sensitivity and diligence. The ruling also underscores the importance of thorough investigations and the critical role they play in upholding justice.

 Date of Decision: 06 November, 2023

SHANTANU VS THE STATE             

                                                    

[gview file="https://lawyerenews.com/wp-content/uploads/2023/11/Del-06-Nov-2023-Shantnu-Vs-State.pdf"]

Latest Legal News