Delhi High Court upholds POCSO conviction citing child survivor’s limited vocabulary
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The Delhi High Court has upheld the conviction of a man under the Protection of Children from Sexual Offences Act, holding that minor variations in a child survivor’s statement, given her tender age and limited vocabulary, do not amount to material contradictions.
Justice Neena Bansal Krishna was hearing a plea challenging a trial court order that sentenced the man to seven years of imprisonment under the POCSO Act.
Dismissing the plea on January 5, the court said the core allegation of sexual assault had remained consistent, and minor differences in expression did not affect the credibility of the child witness.
The court observed that the age of the survivor, who was three years old at the time of the incident, must be kept in mind while appreciating her testimony.
It said the limitations of vocabulary at such a young age cannot be overlooked. The court also noted that the child’s statement was recorded in a question-and-answer format with sensitivity and in accordance with prescribed guidelines.
The case related to an incident in 2022 in which the survivor was sexually assaulted by a person known to her. The trial court had convicted the man under Section 9(m) read with Section 10 of the POCSO Act for aggravated sexual assault.
While upholding the conviction and sentence under Section 10 of the POCSO Act, the High Court clarified that the appellant could not have been convicted under Sections 354, 354A, or 354B of the Indian Penal Code, as no charges under those provisions were framed.
The court held that once the offence was established and the presumption under Section 29 of the POCSO Act arose, the burden shifted to the accused to prove his defence, which he failed to do. The plea was dismissed along with pending applications.