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Synopsis

The Delhi High Court, while upholding the conviction in a POCSO (Protection of Children from Sexual Offences) case, has expressed deep concern over the impact such incidents have on the lives of victims.

The court observed that these incidents not only deprive females of educational opportunities but also result in a lifetime of psychological trauma. The case involved an appeal filed by a man convicted under Sections 363, 376(2)(n)(i) of the IPC and Section 6 of the POCSO Act.

Justice Swarana Kanta Sharma, in a single-bench ruling, remarked on the profound impact on the minor victims' minds, emphasizing their vulnerability at the tender ages of 12 or 14.

The court noted that the victims are often misled into thinking they are entering a marital union, with the assaulters projecting the sexual assault as a marital physical union to coerce the victims. The consequences extend beyond individual victims, causing societal ripples by pulling these girls away from their peers, studies, and lawful guardianship.

Advocate Mukesh Singh represented the appellant, while APP Naresh Kumar Chahar appeared for the respondent. The victim's father had lodged a missing report, leading to the police discovering the minor victim in the company of the accused.

The court found that the accused had kidnapped the victim, leading to charges under relevant sections.

Justice Sharma rejected the plea for leniency, noting that the accused, despite being in a relationship with a minor, was aware of his responsibilities but chose to establish physical relations.

The court emphasized the societal implications of such offences, citing rising incidents of the kidnapping of minor girls for sexual assault under the guise of marriage.

The court called for a social responsibility approach in the criminal justice system and stressed the need to ensure societal interests are not forgotten.

It concluded that when girls are forced to abandon education due to such incidents, the very foundation of societal advancement is compromised.

The court dismissed the appeal, affirming the conviction and highlighting the collective responsibility to create a safe and supportive environment for girls to pursue their education.

Case Title: Mohd. Taslim Ali v. The State Govt of NCT of Delhi