HC upholds man's conviction for stepdaughter's rape, says victim turning hostile can't dismiss case
HC upholds man's conviction for stepdaughter's rape, says victim turning hostile can't dismiss case
New Delhi, The Delhi High Court has upheld the 20-year jail term of a man for raping his minor stepdaughter, observing that guilt under the POCSO Act cannot be dismissed merely because the victim turned hostile, particularly when scientific evidence was available.
The high court said it considered it apposite to take notice of the plight of such victims, who are defenceless against pressure from their family members and are susceptible to influence.
Nothing can justify a child being faced with the burden of shielding their perpetrator, it said.
It noted that the victim may have retracted from her testimony due to fear of losing shelter, financial stability and the desire to preserve the family unit, especially when the accused is a caregiver or breadwinner.
"A child who is confronted with the prospect of condemning someone who provides her shelter and financial stability is undoubtedly faced with a grave conflict.
"The child's instinct for survival coupled with the fear of ostracisation and the desire to preserve the family unit may compel the victim to retract from the truth. In the present case as well, the subsequent hostility of the victim can be traced from her statement under Section 164 of the CrPC itself," Justice Amit Mahajan said.
The court dismissed the man's appeal challenging his conviction and 20-year jail term under the Protection of Children from Sexual Offences Act.
The victim girl, who was less than 12-year-old at the time of the incident in March 2016, alleged that she was sexually assaulted by her stepfather while she was sleeping at midnight. Later she informed her mother about the incident and a complaint was lodged.
However, during the trial, the victim, her mother and sister retracted their statements.
The man claimed that the sole eyewitness to the alleged incident, that is, the victim herself has not supported the prosecution's case.
The high court, however, said that the subsequent hostility of a child victim cannot be viewed in isolation, particularly in cases involving scientific evidence.
It said the presumption of the accused's guilt under the POCSO Act cannot be brushed off lightly, merely because the victim or other witnesses turned hostile.
It observed that the legislature has specifically obligated the Special Juvenile Police Unit or local police to refer children, who are victims of such offences, to shelter homes and to make immediate arrangements for them under the POCSO Act.
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