Rape Accused Cannot Escape POCSO Charges Even If Victim Turns Hostile: Delhi High Court

The Delhi High Court has upheld the 20-year prison sentence awarded to an accused for raping his minor stepdaughter, ruling that an accused cannot be acquitted under the POCSO Act merely because the victim later withdraws her statement, particularly when strong scientific and medical evidence supports the prosecution.

Dismissing the appeal, Justice Amit Mahajan observed that child victims frequently alter their testimony due to family pressure, financial dependence and fear of family breakdown. The court stressed that in such circumstances, the responsibility of protecting the accused cannot be shifted onto the child.

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The case dates back to March 2016, when the victim, then under 12 years of age, alleged that her stepfather sexually assaulted her while she was asleep. She later informed her mother, leading to the registration of an FIR and the recording of her statement under Section 164 of the CrPC.

During the trial, however, the victim, her mother and sister turned hostile and did not support the prosecution. The accused argued that he should be acquitted as the victim, the key witness, had retracted her allegations.

Rejecting this contention, the court noted that a child who depends on the accused for shelter and financial support faces an intense emotional and social conflict. Such circumstances, the court said, often compel victims to retract the truth due to fear, social stigma and the desire to keep the family intact.

Justice Mahajan further held that the victim’s original account remained credible, particularly in light of scientific evidence. The Forensic Science Laboratory report confirmed that DNA recovered from the victim’s undergarments matched that of the accused, thereby triggering the statutory presumption of guilt under Sections 29 and 30 of the POCSO Act.

The court also underscored that the POCSO law requires authorities to ensure that child victims are protected from undue influence, including providing shelter and necessary support.

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The ruling is significant at a time when courts increasingly encounter cases of victims turning hostile in sexual offence trials. The High Court made it clear that a victim’s later conduct cannot be viewed in isolation when compelling scientific evidence establishes the crime, reinforcing a firm judicial stance against child sexual abuse.