The Delhi High Court acquitted a man serving life imprisonment on charges of rape and sexual assault of a 14-year-old girl under the Protection of Children from Sexual Offences (POCSO) Act. A Bench of Justices Prathiba M Singh and Amit Sharma observed that the survivor’s statement does not indicate sexual intercourse or sexual assault. Court said that only the use of phrase 'physical relations' by the minor survivor cannot automatically mean sexual assault.
'Physical relations' does not imply assault
While acquitting the accused, the court noted that the assault allegations against him are not clear. Phrases like physical relations or 'samband banaya' does not conclude that there was penetrative sexual assault.
"The mere fact that the survivor is below 18 years cannot lead to a conclusion that there was penetrative sexual assault. The survivor, in fact, used the phrase 'physical relations', but there is no clarity as to what she meant by using the said phrase," the court said in the judgement.
"Even the use of the words 'samband banaya' is not sufficient to establish an offence under Section 3 of the POCSO Act or under Section 376 IPC. Though consent would not matter if the girl is a minor under the POCSO Act, the phrase 'physical relations' cannot be converted automatically into sexual intercourse let alone sexual assault," the order reads.
The court said the benefit of the doubt ought to be in favour of the accused and, therefore, ruled, "The impugned judgement completely lacks any reasoning and also does not reveal or support any rationale for the conviction. Under such circumstances, the judgement is liable to be set aside. The appellant is acquitted.
What was the case
A man was sentenced to life imprisonment by Trial court for kidnapping, luring and raping a 14-year-old girl. The complaint in this case was lodged in March 2017 by the minor girl's mother.
The minor was found in Faridabad along with the accused, who was arrested and subsequently convicted for offence of rape under IPC and penetrative sexual assault under POCSO in December 2023 and later awarded imprisonment for the remainder of his life.
(With PTI input)
