Delhi High Court acquits man in POCSO case, emphasises need for clear evidence of sexual assault [Read Judgment]

New Delhi: The Delhi High Court has delivered a significant judgment acquitting a man previously sentenced to life imprisonment under the POCSO Act and IPC charges. The court emphasized that phrases like “physical relations” cannot automatically be interpreted as sexual assault without corroborating evidence.

Delhi High Court Questions Evidence Standards in POCSO Act Cases

Justices Prathiba M. Singh and Amit Sharma made key observations on the interpretation of evidence and the burden of proof in such cases.

The court addressed the case of Sahjan Ali, who was accused of sexually assaulting a 14-year-old girl. It noted, “The survivor, in fact, used the phrase ‘physical relations,’ but there is no clarity as to what she meant by using the said phrase. Even the use of the words ‘samband banaya’ is not sufficient to establish an offence under Section 3 of the POCSO Act or Section 376 of the IPC.”

Key Observations on Burden of Proof in Sexual Assault Cases by Delhi HC

Regarding the evidence, the court observed, “The mere fact that the survivor is below 18 years cannot lead to a conclusion that there was penetrative sexual assault.” It further highlighted that the survivor’s medical examination revealed no external injuries, and she denied any physical or sexual assault.

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The court underscored the importance of clear evidence, stating, “The leap from physical relations or samband to sexual assault and then to penetrative sexual assault is one which has to be established on record by means of evidence, and the same cannot be presumed or deduced as an inference.”

In response to the trial court’s judgment, the High Court concluded that it “completely lacks any reasoning and also does not reveal or support any rationale for the conviction.” The court directed that the appellant be acquitted and ordered the judgment to be communicated to the concerned Jail Superintendent.

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Legal Representation:

For the appellant: Mr. Yashvir Sethi, Mr. Amit Kumar Singh, Mr. Saksham Sethi, Mr. Pranav Sharma, and Mr. Manan Soni.

For the respondent State: Mr. Ritesh Kumar Bahri, APP, with Mr. Lalit Luthra and Ms. Divya Yadav.

Case Title: Sahjan Ali Through Parokar Banu Khatun v. State Through SHO PS Madhu Vihar

[Read Judgment]