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Delhi High Court Upholds POCSO Conviction, Modifies Sentence in Child Abuse Case

Vivek G.

Alauddin @ Shakeel vs State, Delhi High Court upholds conviction in POCSO case involving minor girls, reduces sentence under IPC 506. Full judgment summary inside.

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Delhi High Court Upholds POCSO Conviction, Modifies Sentence in Child Abuse Case
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The Delhi High Court has upheld the conviction of a man accused of sexually abusing minor girls, observing that the evidence on record clearly established his guilt. While confirming the conviction under the Protection of Children from Sexual Offences (POCSO) Act, the Court reduced the sentence awarded for criminal intimidation.

The judgment was delivered by Justice Chandrasekharan Sudha on January 20, 2026.

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Background of the Case

The case dates back to October 2016, when a government school teacher in Sonia Vihar noticed two students exchanging handwritten notes during class. The contents of the notes revealed disturbing allegations of sexual abuse by a man known to the children as “Shakeel”.

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The matter was immediately reported to the school authorities and later to the police. During investigation, three minor girls stated that the accused had repeatedly called them to his house, touched them inappropriately, and threatened them not to reveal the incidents.

An FIR was registered, and the case was tried before a Special POCSO Court in Delhi.

Trial Court Findings

After examining witnesses, medical evidence, and written complaints, the trial court convicted the accused under:

Section 10 of the POCSO Act (aggravated sexual assault)

Section 506 Part II of IPC (criminal intimidation)

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The trial court sentenced him to:

6 years’ rigorous imprisonment under POCSO

3 years’ imprisonment for criminal intimidation

(both sentences to run concurrently)

Arguments Before the High Court

The accused challenged the conviction, arguing that:

The testimonies of the victims contained inconsistencies

One of the children initially hesitated to narrate the incident

There were defects in investigation, including arrest details

A co-accused had already been acquitted

The defence also sought reduction of sentence on the ground of the accused’s young age.

The prosecution, however, maintained that the children’s statements were consistent on core facts and supported by school records and witnesses.

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Court’s Observations

The High Court rejected the defence arguments, observing that minor contradictions are natural in cases involving children.

“The hesitation of a child victim cannot be treated as a weakness in the prosecution case,” the Court noted.

The bench emphasized that the case came to light only because a teacher noticed suspicious behavior in class, which strengthened the credibility of the prosecution.

The Court further held that:

The victims had no reason to falsely implicate the accused

Their statements were consistent on material aspects

Investigation lapses alone cannot justify acquittal

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Final Decision

Upholding the conviction, the High Court confirmed:

6 years’ imprisonment under Section 10 of the POCSO Act

However, considering the age of the accused and circumstances of the case, the Court reduced the sentence for criminal intimidation from three years to one year.

“The punishment under POCSO is justified. However, the sentence under Section 506 IPC deserves limited modification,” the Court observed.

The appeal was partly allowed, and the conviction largely upheld.

Case Title: Alauddin @ Shakeel vs State

Case Number: CRL.A. 328/2018

Decision Date: 20 January 2026

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