Unsafe To Rely On Child's Testimony Which Is Found To Be Tutored: Delhi HC Acquits Step-Father Convicted Under POCSO Act For Raping Minor Daughter

The Delhi High Court on Wednesday acquitted a stepfather who was convicted in 2015 for sexually assaulting and raping his minor daughter in 2014.

A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain observed that there were multiple reasons to grant the benefit of the doubt to the convict and that the victim's testimony did not inspire much confidence.

The bench said that the victim in her cross-examination categorically claimed that she had earlier given testimony at the behest of her grandmother who was fed up with the alcoholic nature of the step father.

It further noted that the cousin, mother and grandmother of the victim did not support the prosecution case and that the DNA report was also of no avail to the State.

“We also cannot be unmindful of the fact that despite the fact that 'S' had been sexually assaulted as alleged by the prosecution, she kept on visiting accused frequently in the jail which has also not been explained by the prosecution. If at all such act had been committed by the accused, she would not have dared to visit her stepfather repeatedly in the jail,” the court said.

The bench acquitted the man of the charges under Section 6 of the Protection of Children from Sexual Offences Act, 2012, and Section 376(2)(f)(i)(j) and Section 506 of the Indian Penal Code.

The prosecution took the stand that the mother of the victim did not support the State as she was the convict's wife. However, the bench said that no mother would like to ignore or hide the commission of such a heinous act upon her daughter.

“Thus, all in all, the testimony of aforesaid three witnesses i.e. mother, cousin and grandmother of 'S', instead of supporting the case of prosecution, has rather caused immense damage to the foundation of its case,” the bench said.

Furthermore, the bench said that the maternal grandmother, in her attempt to put an end to the convict's addiction to alcohol, devised a plot and thought that his confinement in prison for a longer duration might serve as a cure.

“Little did she realize that such idea was imminently dangerous and hazardous. She had no business to tutor her grand-daughter and make her depose about commission of sexual assault upon her, which perhaps never occurred.,” the bench said.

It added that indubitably, in cases of sexual assault, the testimony of a child witness can form the basis of a conviction. However, a crucial pre-requisite is that it must not be on account of any tutoring.

“Since child witness is susceptible to tutoring, the court should seek corroborating evidence, especially when signs of tutoring are evident in such testimony,” the court said.

It observed that a child does not have enough maturity and if tutored, such a child can go to any extent of exaggeration and, therefore, it becomes unsafe to rely upon the testimony of a child witness whose statement is found to be based on tutoring.

Counsel for Appellant: Mr. Anwesh Madhukar (DHCLSC), Ms. Prachi Nirwan and Mr. Devesh Khanagwal, Advocates

Counsel for Respondent: APP Manjeet Arya

Title: MANVIR @ MANISH v. STATE

Citation: 2024 LiveLaw (Del) 298

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