Delhi HC Acquits Man In POCSO Case, Says Wrongful Conviction Is Far Worse

New Delhi [India]: The Delhi High Court on Monday acquitted a man who was booked under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and said that there are inadequacies and contradictions in the case of the prosecution.

The High Court also said that the prosecution had failed to prove the allegations beyond a reasonable doubt.

The High Court said that as a wrongful acquittal shakes the confidence of people, a wrongful conviction is far worse. The Court also said that false implication in child abuse cases is more painful than prosecution and conviction.

Justice Anoop Kumar Mendiratta said that the prosecution case is marred by inadequacies and contradictions that strike to the root of the prosecution case and, as such, the prosecution has failed to bring home the charge against the accused beyond a reasonable doubt.

"A child abuser, in the eventuality of false implication, even continues to suffer a lot of social stigma, which is much more painful than the rigours of a trial and imprisonment," Justice Mendiratta said in the judgement passed on April 15.

The appellant was sentenced to five years and fined Rs. 4000 for the offence punishable under Section 10 of the POCSO Act, 2012 and Section 506 of the IPC.

The appellant has also been directed to pay compensation of Rs. 20,000 to the victim.
A case was registered under sections of POCSO and other sections of the IPC in 2016 at Jaitpur police station.

The High Court said that it cannot be ruled out that the case is based on tutoring or fabrication due to animosity and matrimonial disputes.

It may also be noticed that the victim also refused for internal medical examination for no plausible reasons, the court said.

The High Court also noted that the victim changed her version regarding the acts committed by the appellant at her discretion.