“Statement Of Child Victim Is Of Sterling Quality”- Delhi HC Upholds 5-Yr Imprisonment Of Man For Sexually Assaulting 7-Yr-Old Boy

The Delhi High Court has upheld the imprisonment of 5 years of a man for sexually assaulting a seven-year-old boy on the ground that the statement of the child victim is of sterling quality.

A Single Bench of Justice Jasmeet Singh held, “The statement of the child victim is of sterling quality. The combined evidence of the prosecution lays down the foundational facts which disclose the commission of offence and this Court finds no reason to disbelieve or discredit the statement of the child victim. Hence, the testimony inspires confidence. … I find no reason to interfere with the judgement dated 03.02.2020 and order of sentence dated 20.02.2020 convicting the appellant u/s 10/12 POCSO act and section 454/506 (II) IPC in session case no. 57694/2016 titled “State vs Kishore Kumar.”

The Bench said that the judgment of the Trial Court was well-reasoned and that it rightly relied upon the judgments.

Advocate Prashant Mehta appeared on behalf of the appellant while APP Ajay Vikram Singh appeared on behalf of the State.

In this case, the appellant had filed an appeal seeking setting aside the judgment of conviction and order of sentence passed by the Trial Court under the Protection of Children from Sexual Offences Act, 2012 (POCSO). It was alleged that when the complainant i.e., the mother of the victim (boy) was not present in her house, the appellant along with one another boy came to her house and made her child aged 7 years open the door by threatening him.

After entering the house, the appellant told the victim to sit in a corner and committed unnatural sex with his companion in plain sight of the child victim. It was further alleged that the appellant committed the same act after a few days exhibiting his private parts and also touching the private parts of the child victim.

The High Court after hearing the arguments of both parties noted, “Under section 29 of the POCSO Act, there is a presumption of guilt against the accused. The prosecution is only required to lay the foundational facts which disclose the commission of offence by the accused persons. Once the same has been done, it is the accused who has to rebut the presumption of guilt. … The Court cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly.”

The Court further observed that the child with his vocabulary and comprehension, was able to describe the incident and had a clear picture in describable words and that he at 7 years of age, is not expected nor is it possible for a child of his age to recapitulate the harrowing incidents with mathematical precision.

“Since the appellant has not led any evidence, defence of the appellant that he has been framed for the incident where the dog of his friend tore the clothes of mother of the victim doesn’t inspire my confidence. The appellant did not produce the said friend whose dog attacked the mother of the victim, for evidence”, said the Court.

The Court also noted that since the testimony of the victim is clear, reliable, and trustworthy, the allegation of the appellant that the victim was tutored or that appellant’s partner with whom the sexual act was performed was never identified again becomes secondary.

Accordingly, the Court dismissed the appeal and upheld the conviction.

Cause Title- Kishore Kumar v. State

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