Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict’s Imprisonment Exceeds Maximum Punishment

Case: Mohd Azizul V. State

Coram: Justice Jasmeet Singh

Case No.: CRL.A. 116/2020

Court Observation: “I understand and sympathise that a 3 year old may not be called to court for her examination, and her vocabulary and her understanding of the situation itself would fall short of describing the incident, clearly and in its entirety, however, without presence of any evidence or testimony alleging penetration, the Appellant cannot be held liable/guilty under Section 6 of the POCSO.”

“I am of the opinion that while the Appellant assaulted the victim, no penetration took place. It cannot be denied that there was an attempt to rape by the presence of semen on the underwear of the victim, however, the MLC and the statement of the mother under 164 CrPC indicate that there was no penetration.”

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Keywords

POCSO Conviction, Less Grave Offence, Imprisonment Exceeds Maximum Punishment, Release As Convict