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“She was under trauma and a sense of shame that had precluded her from disclosing anything to her parents and the police, as evidenced from her statement that she did not want to be medically examined in presence of her parents or inform the police about it, while her parents were present.”
“The prosecutrix is not an accomplice but rather the victim and the sole injured witness of the assault, and thus her evidence assumes great evidentiary value. But where she declines to identify the perpetrators, she is either a consenting party, or the persons being tried are not the actual perpetrators.”
“It is high time to send a strong signal to the society at large to be more vigilant on women and children belonging to weaker sections of the society.”
The Court stated that if the answer to all the steps is in the affirmative, then judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the CrPC.
“The prosecution could not convince the Court that the custodial interrogation of the accused was necessary but opined that he must subject himself to interrogation for the purpose of completing the investigation under a limited custody”
In her statement, the victim stated that firstly, her father committed forcible sexual intercourse with her, and after some days when she was sleeping at her paternal aunt’s house, then the convict, who was her paternal uncle, committed the same offence against her.
“Though there was no progress in the trial and even the charge was also not framed and the applicant was incarcerated since 22-12-2021, however, the material on record prima facie showed the applicant’s involvement in the crime.”
“Incestuous sexual violence committed by a parent is a distinct category of offence that tears through the foundational fabric of familial trust and must invite the severest condemnation in both language and sentence”.
“No society can afford to punish its children. Punitive approach towards children in conflict with the law would be self-destructive for the society.”
“The Court has no words to describe its anguish against the heinous act of the victim’s father.”
The Court opined that the chats depicted the stark reality about the behavioural pattern of the complainant who appeared to be having manipulative and vindictive tendency.
The Trial Court hadn’t given any separate sentence to the convict under Sections 376(3), 377, 506 of the IPC and Section 4 of the POCSO Act in view of Section 42 of the POCSO Act.
The Standard Operating Procedures on Collection and Processing of Scientific/Forensic Evidence in Sexual Assault Cases were officially released at the Police Headquarters in Panjim, Goa on the 26-04-2025. Spearheaded by Prof. (Dr.) Pinky Anand, Senior Advocate and Former ASG of India, the initiative marks a critical advancement in bridging the teething gaps in the criminal justice system when it comes to forensic investigations and evidence collection.
Considering the facts and circumstances of the case, overall evidence adduced by the prosecution, the mode and manner in which the incident had taken place, the Court opined that some reprieve in the matter of sentence deserved to be given to the convict who had been incarcerated since more than four years.
The Court stated that when the mother herself was living under constant fear, abuse, and violence inflicted by the same man, who had assaulted her child, her capacity to protect, act, or even process the truth is also deeply impaired. It is vital to understand the state of helplessness and paralysis that may result in such a traumatic environment.
The Supreme Court had taken suo motu cognizance of the matter after an NGO ‘We the Women of India’ approached the Court against the impugned decision.
“The provisions of Section 42A of POCSO Act, cannot be interpreted so as to override the scope and ambit of enabling provision, i.e., Section 42 of POCSO Act.”
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“The crime committed by the convict was diabolic in character. He enticed the innocent child by tempting him with ice-cream and brutally sodomized and murdered the four-year old. The appellant also mercilessly strangulated the deceased. The post-mortem report clearly indicated that death was due to asphyxia by throttling”.