In a significant ruling emphasizing child protection, the Delhi High Court on September 12, 2024, dismissed the appeal of Jitender alias Raju, upholding his conviction for sexually assaulting a six-year-old girl. The judgment, delivered by Justice Manoj Kumar Ohri in CRL.A. 423/2024, reinforces the reliability of child witness testimonies and the presumption under Section 29 of the POCSO Act.
The case stems from an incident on April 16, 2018, in Krishna Nagar, Delhi. The victim, a minor girl, was playing on the terrace when the appellant, her neighbor, allegedly lured her downstairs to his room, licked her face, cheeks, chest, and body parts, and warned her not to disclose it. She escaped, washed her face, and narrated the ordeal to her mother and father, who promptly called the police. The appellant was apprehended at the scene, and the victim’s statement under Section 164 Cr.P.C. corroborated her court testimony.
The trial court, in August 2023, convicted Jitender under Section 10 read with Section 9(m) of the POCSO Act (aggravated sexual assault on a child below 12) and Section 354 IPC (assault to outrage modesty). He was sentenced to six years’ rigorous imprisonment with a Rs. 5,000 fine for the POCSO offense, and five years’ RI with a Rs. 2,000 fine for the IPC charge, to run concurrently.
In the appeal, the defense argued false implication due to prior enmity with the landlord, tutored testimony, and non-examination of key witnesses like the victim’s mother and another child ‘A’. They cited inconsistencies in timing and the absence of injuries in the medical report. However, Justice Ohri found the victim’s testimony “cogent, consistent, and reliable,” noting her tender age (7 at initial deposition) and the three-year gap before further cross-examination. The court highlighted that minor discrepancies, such as the incident’s time (noon vs. 4-5 PM), were immaterial given the trauma and time lapse.
Drawing from Supreme Court precedents like Dattu Ramrao Sakhare v. State of Maharashtra and State of Madhya Pradesh v. Balveer Singh, the judgment stressed that a competent child witness’s evidence can solely basis conviction if untutored and confidence-inspiring. The father’s corroboration, prompt FIR, and MLC recording molestation history strengthened the prosecution’s case. The non-examination of the mother was deemed non-fatal, as the father supported the narrative fully. The other child’s parents declined involvement, and he wasn’t an eyewitness.
The court activated the POCSO Act’s presumption after foundational facts were proven, which the appellant failed to rebut. Claims of enmity remained unsubstantiated, with no landlord testimony.
This verdict underscores judicial commitment to POCSO’s stringent provisions, prioritizing child safety amid rising cases. It may influence similar appeals by affirming child testimonies’ weight despite minor inconsistencies. The appellant, in custody, receives Section 428 Cr.P.C. benefits. The full judgment is available on the court’s website.
Case Details: Jitendra @ Raju vs. State (NCT) Delhi. CRL.A. 423/2024
Click HERE for full judgment
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