15 April 2024 Rape >> Criminal Law  

In a recent appeal case, a Delhi court overturned the conviction of a man accused of sexual assault against his niece. The verdict highlights the importance of strong evidence and the challenges associated with child sexual assault cases.

The case involved Veerpal, who was accused of inappropriately touching his 11-year-old niece, R, during a visit to her home. The visit was intended to resolve a marital dispute between Veerpal's sister, M, and her husband, O. According to the prosecution, the assault occurred while M was briefly away in the bathroom.

However, the defense presented several inconsistencies in the prosecution's case. The victim, R, reportedly waited five days before informing her grandmother about the alleged incident. Additionally, her statements regarding the details and timing of the assault differed throughout the investigation.

Furthermore, the police were called to the house on the day of the alleged assault due to the marital dispute. The defense argued that if the assault had indeed occurred, it would have been reported to the police at that time. They also presented witness testimonies to establish Veerpal's presence with others during the timeframe of the alleged assault.

The defense further argued that the existing animosity between Veerpal and the victim's family due to the marital dispute could have been a motive for a false accusation.

The court, after reviewing the evidence and arguments, found the prosecution's case to be weak and riddled with inconsistencies. The court noted the significant delay in reporting the incident and the lack of immediate disclosure to the police during their visit. Additionally, the discrepancies in the victim's statements raised doubts about the veracity of the accusation.

The court also acknowledged the presumption of guilt under the POCSO Act (Protection of Children from Sexual Offences Act) but ruled that it did not apply in this case due to the lack of a solid foundation for the prosecution's story.

Ultimately, the court acquitted Veerpal, citing the lack of evidence beyond a reasonable doubt. This case serves as a reminder of the importance of thorough investigation and clear evidence in child sexual assault cases. While protecting children is paramount, ensuring justice for the accused also requires careful scrutiny of the evidence.

Protection of Children from Sexual Offences Act, 2012