Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Delhi High Court: Failure Of Minor To Term Acts ‘Forceful’ In Initial Statement Not Ground For Exculpation Under POCSO
The Delhi High Court held that an accused cannot be absolved under the POCSO Act merely because a minor victim did not initially describe sexual acts as ‘forceful’. The Court emphasized that children often lack the vocabulary and emotional clarity to articulate coercion at early stages of investigation. The statement of a minor must be interpreted in light of psychological realities and corroborative evidence. The ruling affirms that courts must adopt a sensitive approach in evaluating testimony of child survivors, ensuring protection of minors and effective enforcement of the POCSO Act. It prevents misuse of technicalities to escape liability and reinforces victim-centric justice in cases of sexual offences against children.