Supreme Court acquits man, finds POCSO guilt presumption not absolute

Who it concerns: Appellant: Deepak In JC; Respondent: State Govt. of NCT Delhi; Bench: Justice N.V. Anjaria.

What the court decided

• The Court noted the trial court convicted the appellant under Section 6 POCSO Act and Section 363 IPC, sentencing him to 10 years rigorous imprisonment and a fine for POCSO, and 1 year rigorous imprisonment and a fine for IPC.
• The Court noted the High Court dismissed the appeal, confirming the conviction and sentence.
• The Court analyzed the evidence, noting manifest contradictions between the testimony of the victim's mother (PW-5) and Dr. Rajesh Parthasarthy (PW-1) regarding the time of the incident and the presence of the husband.
• The Court observed that the evidence of PW-5 contained contradictions and omissions compared to her initial statements.
• The Court raised doubts about the credibility of PW-1's testimony regarding the medical examination and police notification.

Also in the document

• The judgment is marked as 'REPORTABLE'.
• The Court specifically highlighted inconsistencies in the timing of the medical visit (4-5 pm vs 9.30 pm) and the presence of the victim's father.
• The Court noted that specific details about the nature of the alleged act were not present in the initial FIR.