Delhi High Court
Mother X Of Victim A vs State Of Nct Of Delhi & Anr. on 21 April, 2025
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21.04.2025
+ CRL.REV.P. 247/2024 & CRL.M.A. 5586/2024
MOTHER X OF VICTIM A .....Petitioner
Through: Mr. Anuj Kapoor and Mr.
Shivom Sethi, Advocates
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Naresh Kumar Chahar,
APP for the State.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
Index to the Judgment
FACTUAL BACKDROP …………………………………………………………………………. 2
SUBMISSIONS BEFORE THE COURT …………………………………………….. 6
ANALYSIS & FINDINGS ………………………………………………………………………. 7
The Issue ………………………………………………………………………………………………… 7
Understanding Section 19 and 21 of POCSO Act …………………………………… 7
Assessment of the factual matrix and circumstances ……………………………….. 9
Non-reporting vs. delayed reporting of offence …………………………………….. 14
The child’s shattered trust and the role of mother …………………………………. 15
The complexities of reporting sexual abuse: A mother’s dilemma …………. 17
Importance of social context in criminal adjudication …………………………… 17
Where law meets life: A judge’s daily encounter with humanity …………….. 18
The decision………………………………………………………………………………………….. 19
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DR. SWARANA KANTA SHARMA, J
1. The issue in this case requires this Court to appreciate – not
just the facts in isolation – but also the social and familial context in
which the alleged offences occurred. Cases involving sexual abuse,
particularly against children, cannot be adjudicated by the Courts in a
vacuum, divorced from the lived realities of those involved. Law,
while often written in black and white, must be applied with
sensitivity to the hues of human experience.
2. The petitioner, who is the mother of the minor victim in this
case, has assailed – by way of this revision petition – the orders dated
23.11.2023 and 05.12.2023 [hereafter also referred to as ‗the
impugned orders’] passed by learned Additional Sessions Judge,
Special Court (POCSO), South District, Saket Courts, New Delhi
[hereafter ‗the Sessions Court’] in SC No. 167/2020, vide which
charges were framed against her for offence punishable under Section
21 of the Protection of Children from Sexual Offences Act, 2012
[hereafter ‗POCSO Act‘].
FACTUAL BACKDROP
3. The case arises out of the following factual background: A
PCR call was received on 20.01.2020 vide DD No. 36A at Police
Station (P.S.) Malviya Nagar at 03:52 PM, wherein the petitioner
herein had reported that she had been physically assaulted by her in-
laws. Later, the petitioner, on the same day, had dialed the helpline
number of Delhi Commission for Women [hereafter ‗DCW’] at 04:52
PM reporting sexual assault of her 10-year-old minor daughter by her
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husband and the two sons of her sister-in-law. Additionally, she also
reported that she was physically assaulted by her in-laws.
4. Thereafter, the petitioner herein, along with the victim i.e. her
daughter, had gone to P.S. Malviya Nagar, wherein the victim
disclosed that about five-six months ago, the accused MDN i.e. her
father, had touched her private parts inappropriately. She further
disclosed that when she was alone at her home about four-five
months ago, her father had shown her obscene videos on his mobile
phone. She further stated that subsequent to the aforesaid incident,
her cousin ‗DS’ had also subjected her to sexual assault, and two-
three months thereafter, the younger brother of DS, i.e. CCL ‗A’,
aged 12 years, on the pretext of playing with her, had also sexually
assaulted her. On the basis of the victim’s statement, the FIR bearing
no. 24/2020, dated 21.01.2020, was registered at P.S. Malviya Nagar,
Delhi for offence under Sections 354/376DB of the Indian Penal
Code, 1860 [hereafter ‗IPC‘], and Sections 6/10/12 of the POCSO
Act.
5. On the same day, the minor victim was medically examined at
AIIMS Hospital, Delhi wherein she reiterated the alleged history of
sexual assault. Thereafter, her statement was recorded before the
learned Magistrate under Section 164 of the Code of Criminal
Procedure, 1973 [hereafter ‗Cr.P.C.’]. In the said statement, the
victim narrated the incidents of sexual assault by accused persons
namely MDN (her father), and DS and CCL ‗A’ (cousin-brothers),
wherein she reiterated that four-five months ago, when she was alone
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at home, her father had sexually assaulted her, and three-four months
ago, the father had shown her obscene videos on his phone, and that
four-five months ago, her cousin ‗DS’ had sexually assaulted her
more than two-three times. She also mentioned about CCL ‗A’ had
tried to misbehave with her three months ago but had failed to do so
since her mother (i.e., the petitioner) had intervened.
6. Thereafter, on 10.09.2020, chargesheet was filed before the
learned Sessions Court, including against the petitioner herein for
offence under Section 21 of POCSO Act. The learned Sessions Court
vide order dated 05.11.2020, had directed the concerned Investigating
Officer (I.O.) to verify the facts as to whether the petitioner herein
had made any complaint regarding sexual assault upon the minor
victim. In light of the same order, the I.O. had submitted a report
wherein it had been reported that the petitioner had previously made
three PCR calls dated 16.01.2020 (DD no. 31A), 18.01.2020 (DD no.
36A) and 20.01.2020 (DD no. 36A) wherein she had only reported
physical assault by her in-laws and nowhere mentioned about the
sexual assault faced by the minor victim.
7. Eventually, the learned Sessions Court, by way of the
impugned order on charge dated 23.11.2023, found the present
petitioner liable to face trial for offence under Section 21 of POCSO
Act. Formal charges were framed against the petitioner vide order
dated 05.12.2023.
8. The relevant findings of the learned Sessions Court in order
dated 23.11.2023, insofar as the role of present petitioner is
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concerned, are set out below:
―…15. Having heard the rival submissions of parties and after
perusal of record, it is clear from the statement of the victim and
other witnesses u/s 161 & 164 of CrPC including the alleged
history given at the time of medical examination that 5-6 months
prior to the registration of present FIR, when the victim was
sleeping at her house, accused “MDN” who happens to be her
father touched her perineum and breast inappropriately. Further,
accused “DS” who happens to be the cousin brother of the victim
after swinging the victim in his lap had touched her breast and
inserted his finger in her vagina and this wrong act was being
committed repeatedly about two years prior to the present case.
Furthermore, around 4-5 months ag, when the victim was alone in
her house, accused “MDN showed her obscene videos and she
informed about all the said incident to her mother accused who did
not bother to inform about the incident to the police. By the
aforesaid acts, accused “MDN had outraged the modesty of the
victim, had physical contact with the victim and sexually harassed
her by making advances involving unwelcome and explicit sexual
overtures and also sexually assaulted the victim by touching her
breast and vagina. It is also clear that the accused “DS” had
committed repeated penetrative sexual assault/ rape upon the
victim. The accused despite having knowledge of the said acts, had
not approached any competent authority. Thus, the arguments that
to offence is made out has no leg to stand at this stage of prima
facie case. Further, with due respect, the case laws relied upon on
behalf of the accused have no application to the facts of the present
case as in the present case, one and incident is stated to have
happened in front of the accused even that event was not reported.
Further, there was no reason to disbelieve the version of the victim
and the defence raised by the accused is a matter of trial and the
case laws relied upon on behalf of the accused have no application
to the facts and circumstances of the present case as those are
related to the cases after full fledged trial while the present case is
at the stage of framing of charge. Further, the defence of the
accused “MDN that he is not mentally fit is also a matter of trial.
Otherwise also the accused will have full opportunity to rebutt the
veracity of the facts after full fledged trial.
***
18. In view of the aforesaid discussions, law laid down in the
aforesaid cases and in view of the statement of complainant and
other witnesses, prima facie, there are sufficient materials available
on record to frame charges against accused as under-
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(i) Accused “MDN” for offence punishable u/s 354/354A of IPC &
section 10 of POCSO Act;
(ii) Accused “DS” for offences punishable u/s 376AB of IPC &
section 6 of POCSO Act;
(iii) Accused XXXX for offence punishable u/s 21 of POCSO Act.
19. Be put up for framing of formal charge on 05.12.2023.‖
SUBMISSIONS BEFORE THE COURT
9. The learned counsel appearing for the petitioner argues that the
petitioner herself has been a victim of domestic violence at the hands
of her husband and in-laws. It is contended that the petitioner herein,
being illiterate, was unaware of the remedies available to her and she
had tried multiple times to inform her in-laws about the abuse she
and the victim had suffered in the house; however, they had not
believed her and, instead, had questioned their character, and further
subjected the petitioner to both physical and emotional cruelty, and
had blamed her for attempting to break the family bonds. It is also
submitted that the social circumstances surrounding the petitioner
also had not allowed her to report the matter. It is contended by the
learned counsel that it is not a case of failure to report or non-
reporting of offence, but a case of slight delay in doing so. It is also
argued that the learned Sessions Court could not have ignored the
fact that it was the petitioner only who had called the police, DCW
and taken the minor victim to the police station to lodge the
complaint. It is further submitted that in the statement of the victim,
the victim herself had acknowledged the efforts made by the
petitioner herein after the incident of sexual assault; however, the
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learned Sessions Court ignored the victim’s statements while passing
the impugned order. Therefore, it is prayed that the impugned orders,
framing charge against the petitioner under Section 21 of POCSO
Act, be set aside.
10. The learned APP for the State, on the other hand, argues that
the allegations in the present case are serious in nature. He, however,
fairly submits that initially the police had not arrayed the petitioner as
an accused since she had approached the police station along with the
victim to lodge the complaint.
11. This Court has heard arguments addressed by both the parties
and has perused the material placed on record.
ANALYSIS & FINDINGS
The Issue
12. The primary issue that arises for consideration is whether the
charge under Section 21 of the POCSO Act can be sustained against
the petitioner, who is the mother of the victim and the initial
informant of the offence.
Understanding Section 19 and 21 of POCSO Act
13. Section 19 of the POCSO Act pertains to ‗Reporting of
offences’ under the POCSO Act. Section 21 provides for the
‗Punishment for failure to report or record a case’. The relevant
extract of these provisions is set out below:
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―19. Reporting of offences.–
(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of1974)any person(including the child), who
has apprehension that an offence under this Act is likely to be
committed or has knowledge that such an offence has been
committed, he shall provide such information to,–
(a) the Special Juvenile Police Unit; or
(b) the local police.
(2) Every report given under sub-section (1) shall be–
(a) ascribed an entry number and recorded in writing;
(b) be read over to the informant;
(c) shall be entered in a book to be kept by the Police Unit.
21. Punishment for failure to report or record a case.–
(1) Any person, who fails to report the commission of an offence
under sub-section (1) of section 19 or section 20 or who fails to
record such 11 offence under sub-section (2) of section 19 shall be
punished with imprisonment of either description which may
extend to six months or with fine or with both.
(2) Any person, being in-charge of any company or an institution
(by whatever name called) who fails to report the commission of an
offence under sub-section (1) of section 19 in respect of a
subordinate under his control, shall be punished with imprisonment
for a term which may extend to one year and with fine. (3) The
provisions of sub-section (1) shall not apply to a child under this
Act.‖
14. Section 19 of POCSO Act imposes a mandatory duty on any
person, including the child, who either apprehends the likelihood of
an offence under the Act being committed or has knowledge of its
commission, to report the same to the local police or the Special
Juvenile Police Unit. The provision creates a legal obligation to
report and prescribes the procedural steps to be followed once such a
report is made. Section 21 of POCSO Act, in turn, stipulates the
consequences of non-compliance with this obligation. It provides that
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any person who fails to report such an offence, or fails to record the
same as required, shall be liable for punishment, which may include
imprisonment, fine, or both. Thus, read together, Sections 19 and 21
of POCSO Act seek to ensure that offences against children under the
Act are brought to the notice of law enforcement authorities and are
not concealed or ignored by any person having knowledge thereof.
Assessment of the factual matrix and circumstances
15. In the present case, at the outset, it must be noted that the
petitioner before this Court is not an outsider or a silent bystander to
the commission of sexual offences against the minor child. She is the
mother of the child victim and, as per the material on record, she
herself had been a victim of domestic violence at the hands of her in-
laws, including her husband who is the main accused in the present
case.
16. The FIR and the statement of the victim under Section 164 of
Cr.P.C. reveal a deeply disturbing environment in the domestic
household, marked not only by repeated incidents of sexual abuse of
the minor child by close family members, but also by the physical
victimisation of the petitioner.
17. The statement of the victim recorded under Section 164 of
Cr.P.C. paints a clear picture of the mother’s own vulnerability and
the hostile circumstances in which she lived. The victim disclosed
that, shortly before the lodging of the complaint, she had returned
from school and witnessed her maternal uncle (chacha) physically
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assaulting her mother, pushing her to leave the house, and causing
visible injuries upon her.
18. Moreover, the victim’s statement recorded before the Court on
07.10.2023 further corroborates the petitioner’s position. The victim
child narrated that her mother had, at one point, slapped her
cousin/accused DS upon seeing him inappropriately touch her. The
petitioner had not only confronted the cousin but also informed her
mother-in-law i.e. victim’s grandmother about the incident. However,
instead of support, the grandmother had discouraged the petitioner
from escalating the matter, citing familial harmony and fear of
tension with her daughter-in-law. It was also stated by the victim that
the petitioner herein had lodged multiple complaints against her
husband, brother-in-law, and in-laws, indicating that she had been
trying to resist the violence and abuse in whatever ways were
accessible to her within the constraints of her social and domestic
environment.
19. It is therefore evident that the petitioner was not complicit in
shielding the accused, but was herself suffering at the hands of the
very persons she was expected to report. Despite being a victim of
physical abuse and emotional isolation, she eventually became the
first person who took the crucial step of contacting the Women’s
Cell, dialling the DCW helpline, and accompanying her daughter to
the police station to lodge the FIR in question. The medical
examination of the minor victim and the initiation of legal
proceedings only occurred due to the petitioner’s intervention.
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20. The prosecution’s allegation – that the petitioner had failed to
report the offence in a timely manner, and was thus liable to face
charge under Section 21 of POCSO Act – must be examined in this
socio-psychological and factual context. The statements of the minor
victim reveal that while her mother did not believe her immediately
when she first made the disclosure, this scepticism may have
stemmed from the child’s additional statement that her father was of
unsound mind. In this Court’s view, the petitioner’s initial doubt in
believing such allegations may not reflect wilful neglect on her part,
but rather a complex psychological response shaped by years of
abuse, dependency, and survival within a hostile matrimonial
environment.
21. Furthermore, the petitioner’s statement was also recorded
under Section 164 of Cr.P.C. wherein she had revealed her
uncertainty regarding the course of action she could take after
discovering the commission of offence against her daughter. She
stated that once she became aware of the women’s helpline, she had
promptly contacted it and took her daughter to the police station. She
also admitted to being ridiculed and dismissed by her in-laws when
she had tried to raise concerns about the safety of her daughter in the
house, which would have further compounded her hesitation and fear.
22. In similar facts and circumstances, the Coordinate Bench of
this Court, in case of Rupi Babbar v. State (NCT of Delhi): 2024
SCC OnLine Del 6485, after taking note of the intent of Section 21 of
POCSO Act and worldwide guidelines for failure to report and/or
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delay in reporting sexual offences, had discharged the petitioner
therein, who was the mother of the minor victim, who herself was a
victim of domestic violence at the hands of her husband i.e. the
accused therein. The relevant observations of the said decision are
extracted hereunder:
―25. The narrative provided, by both the mother and the child, in
the complaint, and the Section 164CrPC statements recorded before
the learned ASJ, point out to sordid and depraved state of affairs in
that house, where consistent abuse was perpetrated by the husband.
In this context, it is not impossible to take into account, the
possibility that the delay in reporting was only because both the
mother and the child were living under a protracted, severe, and
immense trauma, under the shroud of threat of further physical and
sexual abuse, that they could not muster the courage, space, or the
spirit to go and report to the police.
***
32. Sexual abuse occurring within a household, where a perpetrator
is the husband or a man, who chooses to dominate the household,
can be the most heinous and degenerate. Female victims then live
under a pall and swathe of fear for their life and personal liberty.
33. Section 21 of POCSO, ex facie is predicated upon “failure to
report” and not a “delay of reporting”. To this effect, observations
of a coordinate Bench of this Court in Jasvinder Singh (supra) are
instructive; relevant portions are extracted under:
―22. In the present case as noted above, respondent no. 2 had
filed a complaint on the basis of which the present FIR had been
registered, chargesheet was filed and the prosecution evidence
stands complete. The delay in making the complaint by
respondent no. 2 can be used as a defence by the petitioner
during the course of the trial. It was pointed out by learned APP
for the State, assisted by the learned counsel for the complainant
that sufficient explanations have been given by respondent no. 2
and the survivour during their testimony to explain the delay.
23. This Court is not entering into the issue whether the said
explanation was satisfactory or not, as the same is to be
determined by the learned trial court if such defence is taken by
the petitioner during the course of the trial. For the purpose of
this petition, it is suffice to say that the complaint filed by
Respondent 2 will not bring the case of the latter under Section
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21 of the Act, which provides for punishment for ‘failure to
report’. In the present case, Respondent 2 has reported the case
to the authorities concerned, in pursuance of which, the present
FIR was registered.‖
(emphasis added)
***
38. Although in the present case, facts differ from the aforesaid
precedents, this Court finds it apt, appropriate, and necessary to
account for not only the psyche of the prosecutrix herein, a mere
child, under the threat of the father, but also of the mother, herself
under the subjugation of the husband/accused.
***
40. This Court had an interaction with the prosecutrix, who has
now attained majority, and it was quite evident from the
interaction, that her only source of safety and protection was the
mother, who herself was the victim of severe sexual abuse by the
accused father. The young girl was categorical and emphatic in
what she shared. Without prejudicing the trial proceeding in FIR
No. 515 of 2021 where the husband is the accused, in the
considered opinion of the court and basis an evaluation of the facts
and circumstances, there ought to be no reason to prosecute the
mother under Section 21 of the Pocso.
***
53. Perusal of laws pertaining to mandatory reporting around the
world with various punitive consequences attached to it highlights
that such provisions are enacted, so as to ensure deterrence against
child sexual abuse and not in order to punish a victim which,
unfortunately in a household with domestic violence, is at times
inseparable. Mandatory reporting laws vis-à-vis child sexual abuse
are designed with the intention to stop abuse against a child. There
cannot be a straight-jacket formula where complex depraved
conduct is involved and, as is the present case, along with the
prosecutrix, the petitioner herself was under a threat from the
accused person.‖
23. Significantly, the material on record in the present case shows
that the police itself did not consider the petitioner an accused at the
initial stages. She was considered as a witness in the early part of the
investigation and even named in the list of witnesses, and it was only
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later, that the investigating agency had chosen to arraign her as an
accused for commission of offence under Section 21 of POCSO Act.
No explanation is forthcoming as to what change in evidence or
circumstance prompted this shift.
24. In the considered opinion of this Court, the mother in the
present case could have served as a valuable and credible witness,
and in fact – the best witness in this case – since she had directly
witnessed one of the alleged incidents and was the person in whom
the minor victim had first confided.
Non-reporting vs. delayed reporting of offence
25. It is well-settled that Section 21 of POCSO Act is intended to
ensure reporting of sexual offences against children. However, the
law must be applied with sensitivity to the lived realities. The object
of this provision is not to criminalise delayed reporting in
circumstances of duress, especially by individuals who are
themselves survivors of violence. In the present case, the delay, if
any, is explained by the abuse the petitioner herself endured in her
matrimonial home, the absence of social and familial support, and the
initial disbelief in such allegations that understandably would have
clouded her perception. But it cannot be ignored that eventually, it
was the petitioner only who ensured that the offence committed
against her daughter came to light and legal action was initiated.
26. The distinction between non-reporting and delayed reporting is
of critical importance here. Clearly, Section 21 of POCSO Act deals
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with ‗non-reporting’ and not ‗delay in reporting’ of offence. This is
not a case where the petitioner had actively concealed the offence or
attempted to shield the perpetrators. On the contrary, her conduct –
though delayed – is marked by eventual courage, initiative, and the
instinct to protect her child, even at great personal risk. The mother in
the present case did not suppress the offence indefinitely. Once she
gathered the courage, it was she who contacted the authorities, took
her child to the police station, and in fact, became the first witness in
her daughter’s journey to justice. Such conduct, emerging from a
background of cumulative trauma, cannot and should not be equated
with criminal culpability. To prosecute the petitioner under these
circumstances would amount to punishing her for the very abuse she
endured. Such a reading of the law would defeat the very spirit and
intent of the POCSO Act, which is to protect vulnerable children
through the cooperation of equally vulnerable caregivers, not through
their prosecution.
The child’s shattered trust and the role of mother
27. A child’s sense of safety, trust, and emotional strength comes
primarily from two sources – his or her father and mother. When one
of those sources, such as a father in this case, becomes the abuser, the
child’s entire foundation of trust is shaken. In this case, the child did
not have the protection of her father, and the father, who should have
been a refuge, turned into a threat. That leaves only one person to
whom the child could turn to, – her mother. But when the mother
herself is living under constant fear, abuse, and violence inflicted by
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the same man, her capacity to protect, act, or even process the truth is
also deeply impaired. It is vital for the Courts to understand the state
of helplessness and paralysis that may result in such a traumatic
environment.
28. It is also material to consider that trauma is not confined to a
single victim in case of sexual abuse especially within the close
family. When a child suffers sexual abuse, the psychological wounds
do not stop at her – they also extend to the mother, particularly when
she discovers that the abuse had occurred within her own household.
A mother may experience immense guilt, helplessness, shame, and
pain in such circumstances. This secondary trauma can affect her
ability to act promptly, to process legal remedies, or to even narrate
the events coherently. To expect such a person to immediately report
the incident without delay or confusion is to deny her empathy and
sensitive humane approach crucial in such cases. The law must
recognise that trauma is not linear – it affects people in complex
ways, and that includes delay, silence, or hesitation in reporting.
29. The connection between a mother and her child is one of the
deepest and most intuitive forms of human attachment. It does not
end with the cutting of the umbilical cord – it transcends words,
space, and time. The pain of the child is often felt by the mother even
when it is not expressed. A mother senses what her child endures. In
a society where mothers are often expected to be protectors,
caregivers, and emotional anchors, the failure to act immediately is
not always a reflection of neglect – it can also reflect the immense
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internal struggle she is going through, especially when the threat lies
within the very walls of her home.
The complexities of reporting sexual abuse: A mother’s dilemma
30. The socio-economic status, education, gender, and cultural
background of the person accused must be considered when assessing
their conduct. In India, stigma around reporting sexual violence –
particularly incest – is profound. Many families fear social
ostracisation, damage to their daughter’s future prospects, or being
labelled dishonourable. For a mother, reporting the sexual abuse of
her daughter by her husband or his relatives can be emotionally and
socially devastating. The fear is not abstract, but real. Many such
women may hesitate, delay, or struggle to decide what to do. The law
must recognise this hesitation not as guilt, but as a human response to
a deeply complex situation. Courage does not always come instantly,
it sometimes takes time to build, and the fact that she eventually
stood up must be honoured, not punished.
Importance of social context in criminal adjudication
31. It is often said that justice must not only be done but must also
be seen to be done. However, justice can never be complete if it is
blind to the social realities in which people live. In criminal cases,
especially those involving sexual offences within families, it becomes
important for courts to look beyond the law as it is written in black
and in white. A mechanical reading of statutes may result in
identifying a person as an ―accused‖, but without understanding the
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Signing Date:21.04.2025
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lived experience and vulnerabilities of that person, such identification
may amount to grave injustice. For instance, as in the present case,
where a child is sexually abused by her father, the mother of the child
is not merely a bystander – she is also a victim in her own way. The
pain of the child travels to the mother. In such complex and sensitive
scenarios, the black-and-white text of the law must be interpreted
through the lens of human reality, otherwise we risk losing the very
thread by which justice is served to the people it is meant to protect.
Where law meets life: A judge’s daily encounter with humanity
32. While judges are definitely not lawmakers, they are uniquely
placed to see the real-life consequences of legal provisions on
ordinary people. Every day, courts become the space where the law
meets the human condition. Judges see, hear, and understand the
struggles, fears, and vulnerabilities of those who seek justice. It is for
this reason that judicial discretion must be exercised with compassion
and contextual understanding. In applying any legal provision,
especially those dealing with sexual offences and reporting
obligations, the judge must ask: What were the actual circumstances?
What could reasonably be expected of this person? What is real
justice in this specific case?
33. In this Court’s view, judges are not mere executors of the
statute, but also the interpreters of law in its fullest sense. The role of
a judge is not just to apply provisions, but to interpret them in light of
the intent behind their enactment, more so, since Parliament which is
the lawmaker in our country, enacts laws on the basis of the needs of
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Signing Date:21.04.2025
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the community, and the intent behind enactment of such laws is often
reflected in the debates that take place in the Parliament. The intent
behind an enactment is always of crucial importance and at times, the
guiding spirit for dispensing complete justice. Section 21 of POCSO
Act, for instance, is intended to prevent suppression of sexual
offences and ensure timely action in the best interest of the child. It is
not meant to penalise those who, despite personal vulnerabilities,
ultimately do report the crime. If judges begin to treat delay and
silence – born out of trauma or social oppression – as criminality, we
risk turning the protective intent of law into an instrument of
oppression itself. Justice however cannot be sacrificed at the altar of
technicalities.
The decision
34. In view of the foregoing discussion, this Court is inclined to
allow the present petition since it finds no merit in the prosecution of
the petitioner under Section 21 of POCSO Act. Framing charge for
offence under Section 21 of POCSO Act against petitioner, in the
facts and circumstances of the case, would cause grave prejudice to
not just the petitioner who herself is a victim of domestic violence,
but also to the minor victim who is dependent upon her mother for
support. Thus, the charge framed against the petitioner for offence
under Section 21 of POCSO Act, by virtue of impugned orders, is set
aside.
35. The petition is accordingly disposed of, alongwith pending
application, if any.
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36. The trial shall proceed ahead against other accused persons in
accordance with law. The learned Trial Court will be at liberty to
consider the mother as a witness and informant in whom the child has
confided in and narrated her trauma to, as per law.
37. The judgment be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J
APRIL 21, 2025/ns
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Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:21.04.2025
20:07:27
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