The Delhi High Court has granted bail to an accused in a POCSO case while criticising the police for their lack of action regarding a survivor who allegedly provided false testimony. Justice Girish Kathpalia expressed concern over what he termed the “total disinterest” exhibited by law enforcement in addressing the situation. This criticism came after the accused, a 37-year-old man, sought bail following the minor’s hostile stance during the trial.

The case revolves around allegations that the accused repeatedly raped his 16-year-old neighbour. However, the minor subsequently turned hostile, asserting in court that no such incident had occurred. The court’s remarks highlighted a broader issue within the justice system, where witnesses who retract their statements often face no repercussions.

Details of the Case and Court Observations

In its ruling on October 16, the High Court noted that the survivor’s testimony did not suggest a consensual relationship. Instead, she categorically denied the alleged incidents during her court appearance. The court described her claims as “blatant lies,” particularly pointing out that she falsely stated she had never appeared before a judge to record her statement.

The court further emphasised that the prosecution’s inaction in the face of apparent perjury contributed to the perception that the case against the accused was fundamentally flawed. It stated that the lack of appropriate measures taken by the investigating officer indicated a failure to uphold the integrity of the judicial process. The court remarked that the accused had been subjected to illegal confinement due to these circumstances.

Additionally, the High Court referenced previous statements made by the prosecution, which indicated that the state was contemplating legal action against the survivor under Section 217 of the Bharatiya Nyaya Sanhita. This section pertains to providing false information to a public servant. However, no such action has been taken to date, further raising concerns about the handling of the case.

Implications for the Criminal Justice System

The High Court’s observations shed light on the challenges faced by the criminal justice system, particularly in cases involving the Protection of Children from Sexual Offences (POCSO) Act. The court noted that while there is frequent criticism regarding low conviction rates in such cases, the issue of hostile witnesses remains largely unaddressed. The court pointed out that prosecuting and investigating agencies often blame witnesses for turning hostile, which contributes to acquittals, yet they rarely take action against these individuals.

Justice Kathpalia clarified that the court’s comments should not sway the trial court’s decision-making process regarding the prosecution. He underscored the importance of ensuring that the truth is established through evidence in criminal trials. The High Court granted bail after considering the survivor’s complete denial of the allegations and the prosecution’s failure to act on her allegedly false testimony.

The case continues to raise significant questions about the responsibilities of law enforcement and the prosecutorial system in safeguarding the integrity of the judicial process. The High Court’s ruling serves as a reminder of the need for accountability within these institutions, particularly in sensitive cases involving minors.

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