POCSO cases are seldom reported 'cause of shame, family honour: court

New Delhi: Convicting a man for committing aggravated sexual assault of a three-year-old girl in 2022, a Delhi court observed that sexual abuse of children is seldom reported because of shame, guilt and family honour, PTI reported.

Additional Sessions Judge Susheel Bala Dagar of the Rohini District Court was hearing a case against the accused, who was charged under penal provisions for rape and under Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act.

According to the survivor's testimony, the accused touched her private parts on June 17, 2022.

The court said merely touching the private parts of the child with sexual intent would be an offence under Section 10 (punishment for aggravated sexual assault) of the POCSO Act along with the Indian Penal Code (IPC) offences for outraging the modesty of the victim by physical contact and advances involving unwelcome and explicit sexual overtures and compelling her to be naked.

"The testimony of prosecution witnesses are found to be trustworthy and reliable, and the prosecution has succeeded in proving the guilt of the accused, and thus the accused is found to have committed the offence," the court said.

In an order passed on July 9, the court rejected the arguments of the defence counsel about the delay in registration of the FIR and said, "It is common knowledge that sexual abuse of children remains shrouded in shame, guilt, family honour and hence is seldom reported. More than that, when the abuser is a known person, it is very difficult to report the matter." "The normalisation of abuse in society has become so endemic that it is only when the abuse is perceived to be gruesome and serious, involving penetration or bad touch, that both children and families pay attention and speak up or report," it added.

The arguments on sentencing the convict will be heard later.