In a significant ruling, the Delhi High Court has instructed the Delhi Police Commissioner and the Medical Superintendent at AIIMS to ensure stringent measures are in place to protect the identities of minor survivors in sexual assault cases under the POCSO Act.
The directive came from Justice Dinesh Kumar Sharma while presiding over a POCSO case, wherein he criticized the handling of the minor survivor’s identity by both the investigating officer and the medical personnel involved. “The investigating officer failed to mask the identity of the victim in any manner, including during the medical examination. This reflects poorly on the investigating officer and the examining doctor concerned,” remarked Justice Sharma during the proceedings on December 23.
In response to these failures, Justice Sharma has ordered the enforcement of stricter guidelines to prevent future breaches. “A copy of this order be sent to the commissioner of police and the medical superintendent, AIIMS, with directions to issue appropriate guidelines ensuring all necessary measures are to be taken to protect the identity of the victim in such cases and such violation does not take place in future. The compliance report be placed before the court,” the order stated.
The court also revisited the sentence of a man convicted in 2021 for “aggravated penetrative sexual assault” under the POCSO Act, reducing his sentence from 20 years of rigorous imprisonment to 10 years, accompanied by a ₹5,000 fine. This decision was based on the conclusion that there was only an attempt to commit the crime, as corroborated by the minor’s statement to the doctor and her mother’s account to the police.
Highlighting the high standards required for conviction in more severe charges, the court emphasized that any reasonable doubt should favor the accused. “If there is even the slightest of doubt, the benefit must go to the accused,” the court stated, underscoring the judiciary’s role in balancing justice with procedural precision.
