POCSO Case Can’t Be Quashed If Child Victim Turns Hostile

The Delhi High Court has ruled that criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act cannot be dismissed merely because the child victim turns hostile during trial. The court held that such cases must be examined in the broader context of vulnerability, coercion, and available scientific evidence, particularly when the accused is a family member or caregiver.

Court Upholds Conviction and Sentence

The ruling came while dismissing an appeal filed by a man convicted of raping his minor stepdaughter. The High Court upheld his conviction and 20-year imprisonment, noting that the offence was supported by medical and forensic evidence. The victim was below 12 years of age at the time of the incident, which occurred in March 2016, and had initially made a detailed complaint leading to the prosecution.

Impact of Familial Pressure on Child Victims

The bench observed that child victims are particularly susceptible to pressure from family members and social circumstances. It noted that during trial, the victim, her mother, and her sister had retracted their earlier statements. However, the court emphasised that such retraction cannot automatically negate the prosecution’s case, especially when the accused is the breadwinner or guardian, placing the child in a conflict between survival and truth.

Judicial Reasoning on Hostile Testimony

Justice Amit Mahajan stated that a child may retract testimony due to fear of losing shelter, financial security, or family support. The court held that a child cannot be burdened with the responsibility of shielding the perpetrator. It also noted that indications of hostility were traceable even from the victim’s statement recorded under Section 164 of the Criminal Procedure Code.

Imporatnt Facts for Exams

• POCSO Act provides a statutory presumption of guilt against the accused in certain circumstances.
• Hostile testimony of a child victim does not automatically vitiate prosecution under POCSO.
• Section 164 CrPC deals with recording of confessions and statements before a magistrate.
• Police are mandated under POCSO to ensure shelter and care for child victims.

Role of Evidence and Statutory Safeguards

The High Court stressed that hostility of witnesses must be assessed alongside medical, forensic, and circumstantial evidence. It further observed that the legislature has placed a duty on police and child welfare mechanisms to provide immediate protection and rehabilitation to victims, reinforcing that legal accountability under the POCSO framework cannot be diluted due to subsequent retractions.