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Delhi HC Upholds POCSO Conviction, Emphasizes Support for Minor Victims

Delhi HC Upholds POCSO Conviction, Emphasizes Support for Minor Victims

Recently, The Delhi High Court confirmed the POCSO conviction, stressing how these incidents affect victims for life. They pointed out that such events not only block girls from education and empowerment but also cause life long-lasting psychological trauma.

In the said matter, the Court reviewed an appeal from a man convicted under Sections 363, 376(2)(n)(i) of the IPC, and Section 6 of the POCSO Act by the POCSO Court.

A Single Bench of Justice Swarana Kanta Sharma observed, “The consequences of such acts extend beyond the individual victims; they cause ripples through society by pulling these girls away from their pear groups, studies and their lawful guardianship. They are disengaged from their studies and are thus denied the opportunity to pursue the careers they might have otherwise chosen in case they would have continued with their studies.”

Case Brief -

In this instance, the victim's father reported his 14-year-old daughter missing after she didn't return from school. He received a call from her stating she was kidnapped by a man. The police found and brought both the man and the victim to the station. The victim revealed she knew the man from her neighborhood for a year. According to her, he had been following her, proposed marriage, and they began meeting after that.

Upon learning of the parental abuse, the man took the victim from her school. They lived together in rented accommodation, where he engaged in non-consensual physical relations with her despite her repeated refusals.

Later, they married each other. Consequently, charges were framed under Sections 363, 376(2)(n)(i) of the IPC, and Section 6 of the POCSO Act. The man received a ten-year rigorous imprisonment sentence and appealed to the High Court, discontent with the verdict.

The Court observed that the appellant had disregarded his legal commitment to his wife and two children. It highlighted the troubling nature of persuading a minor victim to abandon her studies, elope, and marry him, especially since the accused was already married and had children. This act, considering the victim's impressionable age, forced her to forsake her education.

The Court emphasized that rulings in such cases should consider societal interests alongside individual victims. It stressed that when a girl is forced to abandon her education due to the offender's actions of kidnapping and sexual assault, it not only violates the law but also shatters the victim's aspirations, future, and dreams.

“When a girl is forced to abandon her education due to such incidents as the present one, it causes a profound setback not only to an individual but to the society as a whole. In discussions surrounding the empowerment of women, education is rightly recognized as a fundamental pillar''

Accordingly, the High Court dismissed the appeal and upheld the conviction of the appellant.

Cause Title- Mohd. Taslim Ali v. The State Govt. of NCT of Delhi

Click here to Read/Download the Judgement


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