Delhi High Court recently acquitted a Dalit man who was the accused of offence under the provision of POCSO Act, for sexually assaulting minors, and held that he was framed due to the prejudice disposition of victims’ parents towards him.
District and session judge Darmesh Sharma awarded 1 lakh as token monetary compensation to the victim by the state. And the court also said that the compensation given to the accused by the court is symbolic amount without prejudice to his legal rights and contentions. So the victim shall be entitle to seek compensation under any civil law and constitutional remedies under the law of land. According to the prosecution, the main dispute between the accused and his neighbour was that the neighbour's dog's defecation in front of the accused’s house. The Court also said that the parents refused to internally examination of his daughters and it only invited an adverse inference that they were not subjected to repeated acts of sexual assault. The court also said that “No reason is assigned as to why the statements of the victim girls under Section 161 CrPC were not recorded by a lady police official. The testimony of the IO reveals that he completely failed in the discharge of his duties to show fairness in his investigation against the accused." The court also said that the instant case is a stark example where one victim girl give the testimony of other victim girl and the testimony of their parents highly improbable and untrustworthy. The prosecution has failed to prove the fundamental facts which can prove guilt.
So the presumption under section 29 of the POCSO Act cannot be drawn.
The court also said that the testimony of the victim girls and their parents have been found unworthy of credence and there is no corroboration in the nature of internal medical examination. And the testimonies of the main prosecution witnesses were stated be be replete with contradictions, inconsistencies and improvements, and not termed to be of sterling quality.
The accused was therefore should be acquitted from all charges.
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