Daijiworld Media Network – New Delhi

New Delhi, Dec 27: The Delhi High Court has upheld the 20-year imprisonment awarded to a man for raping his minor stepdaughter, ruling that an accused cannot escape liability under the Protection of Children from Sexual Offences (POCSO) Act merely because the victim later turned hostile, particularly when scientific evidence supports the charge.

Dismissing the appeal, Justice Amit Mahajan observed that child victims of sexual abuse are often vulnerable to intense family pressure and emotional coercion, which may force them to retract their statements during trial. The court said such hostility cannot be viewed in isolation.

“Nothing can justify placing the burden of shielding the perpetrator on a child,” the court said, noting that fear of losing shelter, financial security and the desire to preserve the family unit often compel victims to withdraw from the truth, especially when the accused is a caregiver or breadwinner.

The case dates back to March 2016, when the victim was below 12 years of age. She had alleged that her stepfather sexually assaulted her while she was asleep at night. The girl later informed her mother, following which a police complaint was registered.

However, during the trial, the victim, her mother and sister turned hostile and retracted their earlier statements. The accused argued that the prosecution case could not stand as the victim herself did not support it in court.

Rejecting the contention, the high court said the presumption of guilt under the POCSO Act cannot be brushed aside lightly due to hostile testimony, particularly when supported by medical and scientific evidence.

The court also highlighted that the POCSO Act places a statutory duty on the Special Juvenile Police Unit and local police to ensure child victims are provided immediate protection and referred to shelter homes where necessary.

Upholding both the conviction and sentence, the high court reaffirmed the need for a victim-sensitive approach in cases involving sexual offences against children, recognising the psychological and social pressures faced by minors within family environments.