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Delhi HC acquitted POCSO case convict, says evidence provided was insufficient

Team SoOLEGAL 25 Aug 2020 3:11pm

Delhi HC acquitted POCSO case convict, says evidence provided was insufficient

New Delhi: The High Court of Delhi, on Saturday, i.e. 22.08.2020, has acquitted the POCSO case convict under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 376/506 of the Indian Penal Code, 1860, on the ground that the medical evidence submitted was not sufficient.

The High Court added, “It is settled law that the solitary testimony of a victim is sufficient for convicting the accused provided the testimony is unimpeachable and trustworthy. It should be reliable so as to establish that the accused had committed the offence beyond any reasonable doubt.”

The appeal was brought by the accused himself, challenging the judgment issued by the lower court and convicting him for a stringent term of ten years in jail. The accused argued that the claims made by the prosecutrix were vague and that even the evidence was not adequate to support the accusation that the accused had committed the crime. He also claimed that the Court has erred in taking into account the testimony of the relevant witnesses in the case and also did not recognize that there was a dispute concerning the property in which the appellant and the prosecutrix had resided where they had been instructed to falsely involve the appellant in putting pressure on him to leave the said property.

The High Court noted that the investigation conducted by the police was not significant and the investigating officer did not really have any idea of the location of the crime. Furthermore, there was nothing that backed the statement of the prosecutrix and the witnesses to the case. The court even noted that the prosecutrix was a child and could easily be persuaded by any of its family members. It was even identified that there has been some dispute over property between family members and that the outlook of the case changed.

The appeal is therefore admissible. The appellant is acquitted. "He is ordered to be released immediately," the court said.



Tagged: Delhi HC   POCSO case convict   Protection of Children   Sexual Offences Act   Indian Penal Code   High Court  
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Adv.Mandeep Sandhu   26 Aug 2020 6:15pm
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Adv.Mandeep Sandhu   26 Aug 2020 6:15pm
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