inconsistencies in the child victim's statement do not render her testimony entirely unreliable

1.• POCSO ACT Sections 6 and 10 Section 376 IPC -Sexual assault on six years age girl The victim reported a severe pain from her anus being touched by the appellant, who was the brother of her tuition teacher. - The victim's testimony mentions two additional children present during the incident, but the prosecution failed to question them, revealing a notable lapse in the investigation. The prosecution's case lacks independent witnesses or medical evidence, relying solely on the victim's testimony, which has contradictions and improvements. However, the court asserts that the inconsistencies in the child victim's statement do not render her testimony entirely unreliable and should not be disregarded completely - This Court is of the the opinion that the offence under Section 6 of the POCSO Act has not been proved against the appellant beyond all reasonable doubt. But the offence under Section 10 of the POCSO Act is proved beyond all reasonable doubt against the appellant - The appeal is partially allowed and the impugned judgment is modified to the extent that instead of Section 6 of the POCSO Act, the appellant stands convicted under Section 10 of the POCSO Act

SHANTANU vs State CRLA 160/21 06/11/23 [ AMIT JJ ] [ DELHI HIGH COURT ]