Court Reduces Sentence in POCSO Case, Finding Attempt Rather Than Actual Penetration
In a significant ruling, the Delhi High Court has modified the conviction of Anil, who was initially sentenced to 20 years of rigorous imprisonment under the Protection of Children from Sexual Offences (POCSO) Act. The Court found that while the accused committed an attempt to engage in aggravated penetrative sexual assault, the evidence did not establish actual penetration as defined under the POCSO Act.
Presiding over the case, Justice Chandrasekharan Sudha observed that the act of the accused, which involved undressing both himself and the three-year-old victim and rubbing his private part against hers, constituted an attempt to commit penetrative sexual assault. Therefore, the court modified the conviction from Section 6 of the POCSO Act to Section 18 read with Section 6, which pertains to an attempt to commit the offence.
The prosecution's case was supported by consistent testimonies from the victim and her mother, corroborated by DNA evidence. However, the court noted that the act did not meet the criteria for "penetrative sexual assault" under Section 3 of the POCSO Act, as there was no evidence of actual penetration.
The Court reduced the accused's sentence to 10 years of rigorous imprisonment, taking into account the revised conviction for attempt rather than the completed act of assault. The ruling highlights the legal distinction between preparation and attempt, emphasizing that attempt begins where preparation ends but does not reach the completion of the crime.
The judgment underscores the judiciary's role in ensuring the accurate application of legal definitions in cases involving serious allegations, while also reflecting the gravity of the crime of attempting to sexually assault a child.
Bottom line:-
Conviction under Section 6 of the PoCSO Act modified to Section 18 read with Section 6 PoCSO Act for attempt to commit aggravated penetrative sexual assault, as actual penetration was not established.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 (Sections 6 and 18), Indian Penal Code, 1860 (Section 376(2)(i)), Code of Criminal Procedure, 1973 (Sections 374(2), 207, 313(1)(b), 232, 57)
