The Delhi High Court, while acquitting a man convicted under the Protection of Children from Sexual Offences (Pocso) Act due to serious gaps in the prosecution's case, has observed that a wrongful conviction is far worse than a wrongful acquittal. The High Court was hearing the plea of a man who was sentenced to five years’ imprisonment by the trial court in January 2023 on charges of sexually assaulting his sister’s niece, a 12-year-old, in 2016. The man moved the High Court against his conviction under Sections 8 (sexual assault) and 10 (aggravated sexual assault) of Pocso Act and offences under the Indian Penal Code (IPC). "As a wrongful acquittal shakes the confidence of people, a wrongful conviction is far worse. A child abuser in the eventuality of false implication even continues to suffer a blot of social stigma which is much more painful than the rigours of a trial and imprisonment. Prosecution case is marred by inadequacies and contradictions which strike to the root of the prosecution case and, as such, prosecution has failed to bring home the charge against the accused beyond reasonable doubt," said a single judge bench of Justice Anoop Kumar Mendiratta in its April 15 order. The order notes that the minor girl had alleged in 2016 that while her aunt (chachi/wife of father’s brother) was in the bathroom, the accused (the brother of the aunt) had "kissed her and pressed her chest" and had thereafter threatened to kill her if she made a complaint against him. The HC noted that the man's defence was supported by police entries and the deposition of two witnesses who were present along with him and other family members for resolving the matrimonial disputes between the aunt and uncle (the father’s brother) of the minor girl, and called it "trustworthy". "The fact that ‘M’ (aunt/chachi of victim) was not examined by the investigating agency to even confirm if any such incident had happened during her alleged proceeding to the bathroom at the relevant time, reflects that allegations have been accepted at face value,” the bench said. “Despite strong rebuttal evidence of implication due to animosity generated because of matrimonial differences, the appellant stands convicted by the learned trial court. The quarrel at the time of incident and matrimonial differences provide a strong motive for falsely implicating the appellant subsequently," the court observed. The High Court said that the "presumption of guilt" under Section 29 and 30 of Pocso Act by the trial court could not be an "edifice to convict" the man since the testimony of the minor girl was "unreliable and there are serious flaws and gaps in the prosecution case". The HC said that as per Section 29 of the Act, a court shall presume that the accused has committed the offence for which he is charged with, until contrary is proved. However, the bench said the presumption of guilt would operate only when the prosecution "proves the foundational facts" in the context of allegation against the accused "beyond reasonable doubt". The HC said that the trial court completely "missed to appreciate" the contradictions which were brought up on record and go to the root of the prosecution version. The HC, thereafter, allowed the man's appeal and set aside the trial court's order. It said that the man is acquitted and he shall be "released forthwith", if he is not required in any other case.
