Delhi HC Acquits Man in POCSO Case, Says ‘Physical Relations’ Not Proof of Sexual Assault

Physical relations sexual assault: A recent landmark judgment has acquitted a man convicted under the POCSO (Protection of Children from Sexual Offences) act where it was held that the minor survivor’s use of the word “physical relations” cannot be equated with sexual assault without any substantial evidence. The conviction by the trial court with a life sentence was quashed on the ground that no reasoning was involved in arriving at the conclusion of guilt.

Case Background

The case dates back to March 2017, wherein the mother of the complainant, a minor girl aged about 14 years, lodged a complaint, alleging that her daughter had been kidnapped and lured away by some unknown person. The said minor was subsequently found in Faridabad with the applicant, who was arrested. In December 2023, the trial court convicted the accused for rape under Section 376 of the IPC and penetrative sexual assault under Section 3 of the POCSO Act and awarded life imprisonment.

High Court Observations

The High Court allowed the appeal filed by the accused, emphasizing that the phrase “physical relations” or “samband banaya” does not inherently signify sexual assault.

Justice observed:

• “The mere fact that the survivor is under 18 years of age cannot automatically lead to the conclusion of penetrative sexual assault.”
• “The trial court failed to provide sufficient reasoning or evidence to substantiate the conviction.”

Definitional Ambiguity in Testimony: The term “physical relations” was not used with a defined meaning. Therefore, its application lacked clarity.

The court was adamant that evidence, rather than an inference, was required for a connection between testimony and sexual assault claims. The judgment went to state that the reason behind the conviction by the trial court is not logical or evidentiary and, therefore, was unsustainable.

The High Court’s decision reminds everyone again that allegations under POCSO have to be proven beyond reasonable doubt. For that, it emphasizes upon the need for clear, evidentiary conclusions, specifically in cases of minors who are not competent to provide their consent, which also makes it irrelevant under law.

This judgment has brought a lot of discussion among the people, with some appreciating the court for maintaining the rule of law that is evidence-based justice, while others raise their concern over the implications of this judgment in protecting the rights of minors.

The verdict signifies the significance of proper investigation and proper legal interpretation in cases concerning minors, so that justice is neither misused nor denied.

The Delhi High Court judgment sets a precedent in POCSO Cases, striking a balance between the rights of the accused and the need for justice to the survivors. It also puts an emphasis on the need for evidence that is robust and for clear reasoning in judicial proceedings.