Child survivor’s reaction on seeing accused no basis to convict: Delhi High Court in POCSO case

The Delhi High Court has overturned a life sentence for a man accused of sexually assaulting a 10-year-old girl, finding that merely observing the survivor's discomfort when identifying him on a screen is insufficient to convict. The court held that the evidence and circumstances presented did not provide a solid basis for conviction.

The trial court had convicted the man under multiple sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act, but the High Court disagreed. The bench of Justices Prathiba M Singh and Vikas Mahajan noted that there were inconsistencies in the victim's testimony regarding her ability to see the accused's face and that her improved account about light presence at the scene lacked support.

They also considered the possibility that the accused, already in custody for another case, may have been falsely implicated under public pressure. Consequently, the High Court allowed the appeal, acquitted the man, and ordered his immediate release.