Delhi High Court Upholds Stepfather's POCSO Conviction, Says Child May Have Resiled Testimony Due To Fear Of Losing Shelter

The Delhi High Court has upheld the conviction of a stepfather under the Protection of Children from Sexual Offences (POCSO) Act, observing that the victim-daughter may have retracted from her testimony due to fear of losing shelter, financial stability, and the desire to preserve the family unit, especially when the accused is a caregiver or breadwinner.

Justice Amit Mahajan observed,

“A child who is confronted with the prospect of condemning someone who provides her shelter and financial stability is undoubtedly faced with a grave conflict. The child's instinct for survival coupled with the fear of ostracization and the desire to preserve the family unit may compel the victim to retract from the truth. In the present case as well, the subsequent hostility of the victim can be traced from her statement under Section 164 of the CrPC itself.”

The Court was dealing with an appeal preferred by the stepfather challenging his conviction and 20 years sentence under Section 6 of the POCSO Act.

In her complaint, the victim alleged that the stepfather sexually assaulted her at midnight. The complaint was lodged after taking the victim's sister and mother in confidence. During trial however, the trio resiled from their statements.

The appellant thus argued that the prosecution case had collapsed.

Rejecting this contention, the High Court held that the subsequent hostility of a child victim cannot be viewed in isolation, particularly in cases involving scientific evidence.

In the case at hand, the FSL analysis indicated that the DNA profile of the appellant-father matched with the one generated from the victim's undergarment.

As such, the Court held that presumption of accused's guilt under Section 29 and 30 of POCSO Act cannot be brushed off lightly, merely on account of the victim or certain other witnesses turning hostile.

The Court also expressed concern that victims are “defenceless” against family pressure when the perpetrator is himself a breadwinning family member.

In this backdrop, it observed that the legislature has specifically obligated the Special Juvenile Police Unit or local police to refer children, who are victims of such offences, to shelter homes and to make immediate arrangements for them in Section 19(5) of the POCSO Act.

The JJ Rules also provide that the Legal Services Authority may provide a support person or para legal volunteer for pre-trial counselling to the victim so as to familiarize her to the Court environment in advance.

Certain model guidelines have been framed in respect to support persons by the National Commission for Protection of Child Rights in the year 2024. It is mandated that a support person should conduct regular home visits to the child and to submit monthly reports to the Committee regarding the child's well-being. It is also specifically provided that in incest cases, the support person shall assist the child and the family in finding alternate residences.

“Merely because a victim turns hostile, she ought not lose protection of State, and rather, the protective measures should be dialled up to ensure that the victim is not being harassed,” the Court thus observed and upheld the conviction.

Appearance: For the Appellant : Mr. Harsh Prabhakar (DHCLSC) with Mr. Dhruv Chaudhary, Mr. Shubham Sourav & Mr. Vijit Singh, Advs. For the Respondents : Mr. Sunil Kumar Gautam, APP for the State SI Ravinder Chander, PS-Amar Colony Mr. Faraz Maqbool (DHCLSC) with Mr. A. Sahitya Veena & Ms. Deepshikha, Advs. for victim/R2 Ms. Anu Narula, Amicus Curiae.

Case title: Jahid v. State

Citation: 2025 LiveLaw (Del) 1788

Case no.: CRL.A. 619/2023

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