False Implication In Child Abuse Cases More Painful Than Rigours Of Trial And Imprisonment: Delhi High Court

While acquitting a man in a POCSO FIR as there were “serious flaws and gaps” in the prosecution case, the Delhi High Court has observed that a false case of an alleged child abuser suffers a blot to social stigma which is more painful than the rigours of trial and imprisonment.

“A child abuser in the eventuality of false implication even continues to suffer a blot of social stigma which is much more painful than the rigours of a trial and imprisonment,” Justice Anoop Kumar Mendiratta said.

The court observed that while a wrongful acquittal shakes the confidence of people, a wrongful conviction is far worse.

Justice Mendiratta was dealing with an appeal moved by a man challenging his conviction for the offences under Section 506 (punishment for criminal intimidation) of the Indian Penal Code and Section 10 (punishment for aggravated sexual assault) of the POCSO Act.

He was sentenced to undergo rigorous imprisonment for five years for both offences and Rs. 4,000 fine. He was also directed to pay Rs. 20,000 compensation to the victim.

Allowing the appeal, the court observed that the victim changed her version various times regarding the acts committed by the man at her discretion. It noted that the victim also refused for internal medical examination for no plausible reasons.

“In view of above, in absence of foundational fact not being proved beyond reasonable doubt, the reliance placed upon presumption under Section 29 & 30 of POCSO Act by learned Trial Court to base conviction, appears to be misplaced,” the court said.

Counsel for Appellant: Mr. Nagendra Kasana, Mr. Aditya Sharma, Ms. Palak and Mr. Rajesh R. Rathod, Advs

Counsel for Respondent: Ms. Meenakshi Dahiya, APP for State; Mr. Bir Singh and Mr. Ravi Nirvan, Advs. for victim

Title: VEERPAL @ TITU v. STATE

Citation: 2024 LiveLaw (Del) 455

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