Today, Delhi High Court held that making a small child touch one's private parts with sexual intent is aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.

The court observed that the child’s account of the incident, supported by her mother’s testimony, appeared truthful. It highlighted that the accused was present when the child narrated the incident to her mother and that he himself reached the police station even before the complainant and her family, which strengthened the credibility of the prosecution’s case.

Rejecting the accused’s argument about delay in lodging the FIR, the court held that the delay had been properly explained. It said it was natural for the child’s mother to wait for her husband to return from another city before approaching the police, and such delay could not be treated as fatal to the case.

The court agreed with the trial court’s view that cases of child sexual abuse often go unreported due to feelings of shame, guilt and concern for family honour, particularly when the accused is someone known to the family.

It further noted that abuse has become so normalised in society that children and families often speak up only when the act is seen as serious or extreme, such as involving penetration or inappropriate physical contact.

However, while dismissing the appeal on the main charges, the court set aside the conviction and sentence for certain offences, including sexual harassment under the IPC, on the ground that no specific charge had been framed for those offences.