The Delhi High Court ruled that a POCSO case cannot be dismissed only because a child victim later turns hostile during trial. The Court said family pressure and fear often force children to retract, and strong scientific evidence can sustain conviction.
The Delhi High Court has upheld the conviction and 20-year jail sentence of a man for raping his minor stepdaughter, clearly stating that a case under the Protection of Children from Sexual Offences (POCSO) Act cannot fail only because the child victim later turns hostile, especially when strong scientific evidence is available on record.
While dismissing the appeal filed by the convicted man, the High Court took serious note of the harsh reality faced by child victims of sexual abuse.
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The Court observed that such children are often helpless and vulnerable, and are easily pressured by family members to withdraw their statements. It stressed that forcing a child to protect her own abuser is completely unjustifiable.
The Court highlighted that many child victims withdraw their allegations due to fear of losing shelter, financial support and family security, particularly when the accused is someone close to them, such as a parent or step-parent who also acts as a caregiver or breadwinner.
Explaining this psychological and emotional pressure, the Court said,
“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.
Justice Amit Mahajan said,
“The child’s instinct for survival coupled with the fear of ostracisation 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 High Court noted that the victim in the case was less than 12 years old at the time of the incident in March 2016. She had alleged that her stepfather sexually assaulted her while she was asleep at midnight. After the incident, the child informed her mother, following which a formal complaint was lodged with the police.
However, during the trial, the victim, her mother and her sister retracted their earlier statements and did not support the prosecution’s case.
The accused relied heavily on this change in testimony and argued that since the victim herself did not support the prosecution, the conviction could not be sustained.
Rejecting this argument, the High Court made it clear that the hostility of a child witness cannot be viewed in isolation.
The Court emphasised that in cases involving sexual offences against children, courts must consider the surrounding circumstances, the vulnerability of the child and the presence of corroborative scientific evidence.
The High Court observed that the legal presumption of guilt against the accused under the POCSO Act is a strong one and cannot be brushed aside lightly merely because the victim or family members turn hostile during trial.
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The Court further pointed out that the POCSO Act itself recognises the fragile position of child victims. It noted that the law places a specific duty on the Special Juvenile Police Unit or the local police to refer child victims to shelter homes and ensure immediate care and protection for them.
By upholding the 20-year sentence, the Delhi High Court reinforced the principle that justice for child victims cannot be derailed by fear-driven retractions and family pressure, and that courts must look beyond hostile testimony when credible evidence supports the prosecution’s case.
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