New Delhi – The Delhi High Court has upheld the conviction and 20-year imprisonment of a man found guilty of raping his minor stepdaughter, emphasizing that guilt under the Protection of Children from Sexual Offences (POCSO) Actcannot be set aside merely because the victim later turned hostile during trial. The court underlined that scientific evidence and other corroborative material play a crucial role in establishing guilt, particularly in cases where child victims face pressure from family members or other influences.

Justice Amit Mahajan, while dismissing the accused’s appeal, highlighted the difficult position that child victims often find themselves in when the perpetrator is a caregiver or breadwinner. “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 fear of ostracization and the desire to preserve the family unit, may compel the victim to retract from the truth,” the court observed.

The judgment noted that in the present case, the victim had retracted her testimony during trial, along with statements from her mother and sister. However, the court emphasized that such hostility cannot be viewed in isolation, especially when scientific evidence corroborates the prosecution’s claims. The high court further stated that nothing can justify placing the burden of protecting the perpetrator on a child.

The case involved a girl who was under 12 years old at the time of the incident in March 2016. According to the complaint, she was sexually assaulted by her stepfather while sleeping at midnight and later informed her mother, leading to the registration of a formal case. During the trial, however, the victim’s subsequent retraction and hostile statements were cited by the accused in his defense, claiming the absence of eyewitness testimony supporting the prosecution’s case.

Rejecting this argument, the court clarified that the POCSO Act specifically provides for the protection of child victims, obligating authorities to ensure their safety and shelter. The legislature mandates that Special Juvenile Police Units or local police refer victims to shelter homes and make immediate arrangements to protect them from intimidation or coercion during the investigation and trial.

The Delhi High Court underscored that the presumption of guilt under the POCSO Act cannot be lightly dismissed simply because a victim or witness turns hostile. The ruling reinforces the principle that judicial processes must consider the vulnerability and pressures faced by child victims while ensuring that perpetrators of sexual offences are held accountable, even in cases where direct testimony is retracted.

This verdict serves as an important legal precedent, affirming that child victims of sexual abuse should not bear the responsibility of protecting their offenders and that scientific evidence and corroborative material remain central to securing convictions in such cases.