Source: Madras High Court  

Why in News? 

The Madras High Court emphasized the need for stringent laws and awareness programs to combat child sexual abuse by family members or close friends. Highlighting National Crime Records Bureau data showing that 96% of abusers are known to the victims, the court urged the State to establish protection homes and increase vigilance in schools and hostels.  

• The observations came while upholding the conviction of a man for raping and impregnating his stepdaughter. 

What was the Background of R. v The State? 

• The victim is a girl who lost her biological father at four months old, and her mother subsequently remarried the accused, her stepfather. 
• The accused persuaded his wife to bring the victim home from her grandparents and enrolled her in 10th standard at a local government school. 
• On 12^th August 2018, when the victim was alone at home, the accused allegedly sexually assaulted her, and repeated the act two weeks later. 
• The accused threatened to kill the victim's brother and other family members if she revealed the abuse, which prevented her from speaking out initially. 
• On 15^th February 2019, the victim informed her mother that she was six months pregnant and that the stepfather was responsible for her condition. 
• The accused admitted to causing the pregnancy and threatened to kill the mother and her children if the victim was not brought back home. 
• Considering the welfare of her other children and after consulting her father, the mother filed a complaint with the All Woman Police Station in Aranthangi on 18th February 2019. 
• The police registered an FIR under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code, initiating legal proceedings against the accused. 
• Medical examination confirmed the victim's pregnancy, and the case was subsequently investigated and charge-sheeted. 

What were the Court’s Observations? 

• The court critically examined the pervasive issue of child sexual abuse, highlighting that 96% of such offenses are perpetrated by individuals known to the victims, predominantly family members, who exploit their dominant positions through threat and coercion. 
• The judicial observations the profound societal stigmatization of sexual assault survivors, wherein victims are frequently marginalized and treated as though they have committed a transgression, which systematically inhibits disclosure and pursuit of justice. 
• Recognizing the inherent vulnerability of children, the court emphasized that victims often remain silent due to familial pressures, fear of social repercussions, and the psychological manipulation by perpetrators who leverage their position of trust and dependency. 
• The court noted the multi-dimensional impact of sexual abuse, articulating that while physical injuries may heal with time, the psychological and emotional trauma inflicted upon child victims represents an enduring wound that potentially disrupts their entire developmental trajectory. 
• The court strongly recommended comprehensive state-level interventions, including legislative reforms, severe punitive measures against familial sexual offenders, widespread awareness programs, and the establishment of protective infrastructures for vulnerable children. 
• Ultimately, the court reaffirmed the judicial commitment to protecting child victims by dismissing procedural challenges that might potentially compromise the prosecution's case, thereby prioritizing the substantive interests of justice over technical impediments. 
• The court found the appellant's actions particularly egregious, noting the breach of trust inherent in a stepfather sexually abusing a child entrusted to his care after the child had already experienced the loss of a biological father. 
• The High Court rejected the appellant's procedural challenges, specifically holding that minor inconsistencies in victim testimony, delayed complaint filing, and absence of DNA evidence do not automatically invalidate the prosecution's case, particularly in sensitive child sexual abuse matter 

What Are the Legal Framework and Provisions Addressing Child Sexual Abuse in India? 

• Legal Framework and Provisions: 
  • Statutory Protection 
    • Protection of Children from Sexual Offences (POCSO) Act, 2012 provides comprehensive legal protection for children against sexual abuse 
    • Specifically addresses sexual offenses committed by family members, guardians, and persons in positions of trust 
• Key Provisions under POCSO Act 
  • Section 5(l), 5(n), and 5(j)(ii) cover aggravated sexual assault scenarios 
  • Enhanced punishments for sexual offenses committed by close relatives 
  • Strict liability provisions for familial sexual abuse cases 
• Punishment Specifications 
  • Minimum punishment of imprisonment for life 
  • Maximum penalty can extend to rigorous imprisonment 
  • Mandatory monetary fine (typically Rs. 5,000) 
  • Additional provisions for consecutive sentencing 

Cases Referred

• Tulshidas Kanolkar v. The State of Goa,2003  
  • Delay in filing a First Information Report (FIR) should not automatically lead to dismissal of a prosecution case.  
  • The court should look for a satisfactory explanation for the delay.  
  • If the explanation is natural and convincing, the delay does not render the prosecution case unreliable. 
• State of Punjab v. Gurmit Singh & Ors. 1996 
  • In cases of sexual assault, minor contradictions or insignificant discrepancies in the victim's statement should not be grounds for dismissing an otherwise reliable prosecution case.  
  • The testimony of a sexual assault victim is considered reliable and does not necessarily require corroboration if her statement inspires confidence.