Source: Delhi High Court

Why in News?

Justice Swarana Kanta Sharma has observed that courts cannot expect witnesses in sexual assault cases to recount case details in same words every time.

• The Delhi High Court gave this judgment in the case of Vishnu Das Through Peherokar v. Government of NCT of Delhi & Anr.

What is the Background of Vishnu Das Through Peherokar v. Government of NCT of Delhi & Anr.?

• First Information Report (FIR) was registered against the appellant under Sections 376/506 Indian Penal Code, 1860 (IPC) and sections 4/6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) over the allegation that the appellant had committed sexual assault upon the victim. The victim had become pregnant and gave birth to a child.
• The appellant was convicted under Section 506 IPC and Section 6 of POCSO Act (for which he was sentenced to rigorous imprisonment for 10 years).
  • The court rejected the contention of the appellant that the victim was not a minor at the time of the alleged incident.
• The appellant contended that the relationship with the victim was consensual, the court observed that he was blowing hot and cold.
  • He was denying that there ever was any physical relationship between him and the victim and was also defending himself by stating that the relationship was consensual.
• Due to inconsistencies in testimonies, the court said that the victim supported the prosecution’s case on all major aspects.
  • The court upheld the appellant’s conviction and sentence and dismissed the appeal.

What was the Court’s Observation?

• The economic, financial and educational background of victim, the trauma they have faced due to sexual assault and giving birth to child of accused can, at no point of time, be ignored by the courts.

What is the POCSO Act 2012?

• The Protection of Children from Sexual Offences (POCSO) Act came into force on 14^th November 2012 to comprehensively deal with the issue of sexual offences against children.
  • POCSO not only spells out the punishments for offences, but also sets out a system for support of victims and improved methods for catching offenders.
• Section 4: Punishment for penetrative sexual assault.
  • (1) Whoever commits penetrative sexual assault shall be punished with imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life and shall also be liable to fine.
  • (2) Whoever commits penetrative sexual assault on a child below sixteen years of age shall be punished with imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine.
  • (3) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.
• Section 6: Punishment for aggravated penetrative sexual assault.
  • (1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death.
  • (2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.