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Delhi HC declares POCSO Act gender-neutral
A bench of the Delhi High Court, comprising of Justices SP Garg Justice and C Hari Shankar, has declared that the Protection of Children from Sexual Offences Act (POCSO) is applicable to minors of either gender.
The Court was hearing an appeal from a man accused of sodomising a 6-year-old boy. The Court reiterated that the Act’s statement and object of reasons was to secure children from exploitation and have child-friendly procedures in place to protect the child’s best interest. The Bench after examining all major provisions of POCSO Act, came to the conclusion that it is gender-neutral Act and that the victim’s age or gender cannot be used as a defence to excuse culpability. Moreover, the victim’s statement can be a ground for conviction. The Court stated that “There is no absolute principle, to the effect that the evidence of child witnesses cannot inspire confidence or be relied upon.” Finding that the victim in the present case could understand the questions posed to him and there were no inconsistencies in his statement, the Court convicted the accused based on his testimony.
As regards the sentence, under Section 6 of the POCSO Act, the punishment for ‘aggravated sexual assault’ is 10 years rigorous imprisonment which may extend to life imprisonment. However, the Court, upon examining the antecedents of the accused, found that a sentence of life imprisonment would be disproportionate. Instead, the bench gave the man 15 years of rigorous imprisonment, ruling it to be appropriate.
