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Supreme Court Backs Ocular Testimony in POCSO Cases as Trial Courts Issue Stringent Sentences

The top court upheld a conviction despite inconclusive medical findings, underscoring that consistent testimony from victims or parents can sustain guilt.

The gravity of the offence necessitates a stern judicial response to affirm society's commitment towards protecting its most vulnerable, the court said.
The court said the act demonstrates a calculated exploitation of the victim’s vulnerability and constitutes a gross violation of her dignity.
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Overview

  • Justices Aravind Kumar and N. V. Anjaria reaffirmed that credible ocular evidence can prevail over absent medical corroboration, upholding a POCSO conviction and modifying the sentence to six years based on time served.
  • A Nampally court sentenced 18-year-old Asham Aakash Kumar to 25 years’ rigorous imprisonment for sexually assaulting and blackmailing a 16-year-old after manipulating her on social media, and imposed a ₹10,000 fine.
  • A special POCSO court in Shamli, Uttar Pradesh, awarded 20 years’ rigorous imprisonment each to Guddu and Sagar for raping a 16-year-old and circulating her obscene images, alongside fines of ₹55,000 each under IPC, IT Act and POCSO provisions.
  • Patiala House Court in Delhi sentenced rickshaw puller Rajesh Kumar Pandey to 14 years’ rigorous imprisonment for the 2016 sexual assault of a seven-year-old and ordered ₹10.5 lakh in compensation to support the victim’s rehabilitation.
  • A Mumbai special court relied on the testimony of a 17-year-old with intellectual disability to convict a 26-year-old neighbor of sexual assault, imposing a 10-year sentence and a ₹10,000 fine.