The Delhi High Court has upheld the acquittal of a man accused under the Protection of Children from Sexual Offences (POCSO) Act, affirming the trial court’s 2020 verdict that found no credible evidence to support the allegations of sexual assault.
Justice Amit Mahajan, while dismissing the state government’s plea seeking leave to appeal, observed that appellate courts must exercise caution and intervene in an acquittal only when “substantial and compelling reasons” exist.
The case concerned allegations under Sections 9(m) (sexual assault on a child below 12 years) and 10 (aggravated sexual assault) of the POCSO Act. However, the High Court noted that the prosecution’s case fell apart due to inconsistencies in witness testimonies and lack of corroborative evidence.
The minor girl, who was the complainant in the case, resiled from her earlier statement during cross-examination, stating that the accused had only slapped her. Additionally, her father denied being informed by his wife about any alleged assault, contradicting the initial version of events. The mother of the child also denied, in her cross-examination, that her daughter had informed her of any sexual assault.
“The trial court rightly acquitted the accused/respondent. In the present case, none of the material witnesses supported the case of the prosecution,” Justice Mahajan noted, adding that even medical evidence failed to substantiate the claims.
Further weakening the prosecution’s case, two defence witnesses—neighbours of the accused—testified that an altercation had taken place between the accused and the child’s mother, which may have prompted the police complaint. However, they too denied witnessing any incident of sexual assault.
Finding no credible ground for the state’s appeal, the court refused to grant leave to appeal, thereby reaffirming the trial court’s decision.
