Tag of 'child abuser' more painful than jail, says HC; convict acquitted

THE Delhi High Court, while setting aside the conviction and five-year sentence of a man accused of sexually assaulting a minor girl, has said that the social stigma suffered by those falsely accused of being "child abusers" is more painful than imprisonment.

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Justice Anoop Kumar Mendiratta, presiding over the convict's appeal against the trial court's decision of January 2023, said there are significant flaws in the prosecution's case and the victim's testimony lacks reliability.

"The presumption of guilt under Section 29 & 30 of POCSO Act taken by the learned Trial Court could not be an edifice to convict the appellant since testimony of the victim is unreliable and there are serious flaws and gaps in the prosecution case," the court order, passed on Monday, said.