Supreme Court questions Delhi High Court’s POCSO acquittal over interpretation of minor’s statement ‘samband banaya’ in sexual assault case.
Case in News
Supreme Court Reviews HC Acquittal In POCSO Case involving interpretation of minor’s ‘samband’ statement as not sexual .
Case Overview
Case Name – Just Rights For Children Alliance vs. Sahjan Ali And Anr. | SLP(Crl) No. 4286/2025
On July 28, the Supreme Court of India issued notice in a Special Leave Petition challenging the Delhi High Court’s acquittal of a man previously convicted of sexually assaulting a 14-year-old girl . The plea was filed by Just Rights for Children Alliance through AoR Sonali Jain . A bench of Justice Dipankar Datta and Justice AG Masih issued notice, returnable in four weeks . The Delhi Police, represented by ASG Archana Dave supported the petition and also proposed filing an appeal .
Key Aspects
The Court was concerned with the interpretation of the survivor’s statements and the standards for convicting under POCSO :
- Survivor (14 years) said she had “samband” with the accused with consent .
- Medical report indicated physical relations; Trial Court inferred sexual assault .
- Trial Court convicted under POCSO; imposed life imprisonment .
- Delhi High Court overturned conviction citing vagueness of terms like “samband banaya” .
Legal Insights
The case hinges on the correct application of child protection and sexual offence laws :
- Section 3, Protection of Children from Sexual Offences Act, 2012 (POCSO Act) : Defines penetrative sexual assault as any penetration of the penis into the vagina, mouth, urethra or anus of a child .
- Section 5, POCSO Act : Lists aggravated penetrative sexual assault including when committed by a person in a position of trust .
- Section 6, POCSO Act : Provides punishment for aggravated penetrative sexual assault, which may include life imprisonment .
- Section 376, Indian Penal Code (IPC): Punishes rape, which includes sexual intercourse without consent or with a minor (below 18 years) .
- The High Court reasoned that ambiguous terms like “physical relation” or “samband” were insufficient to meet the legal threshold under these provisions .
- The Supreme Court will now examine if such interpretation undermines statutory protections under POCSO .
Court’s Verdict
The Supreme Court has issued notice and will hear the matter after four weeks . No final judgment yet, but the Court signalled concern over the Delhi High Court’s narrow interpretation .
Source- Supreme Court of India
Read also – Indian Penal Code (IPC
