Discrepancies need not discredit child victims' depositions in sexual abuse cases: HC

The Delhi High Court today held that investigating agencies can record multiple statements of a child victim of sexual abuse and a contradictory initial account of the incident would not be a reason to disbelieve subsequent versions by the minor.

A bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra said that the multiple statements should be carefully scrutinized by the trial courts to ensure that complete justice is done.

The bench said that children "do not disclose in one go but do so in piece meal".

The court also said that under the Protection of Children from Sexual Offences (POCSO) Act, which was enacted to effectively address sexual abuse and sexual exploitation of children, a statement about the incident of sexual abuse can be made only to a police officer or a magistrate.

"Provisions of the POCSO Act or the Juvenile Justice Act do not contemplate any report to be made by a counsellor," the bench said.

It added that both laws make it "explicitly clear" that a report or notes of a counsellor or any person or expert recognized under the two Acts "are confidential in nature and the same cannot be made a part of the charge sheet or otherwise (be included) on the trial court record".

The findings by the court came in response to a query by a Principal Magistrate of a Juvenile Justice Board (JJB) in 2016, regarding the legality of multiple statements by a child victim as well as the validity of the statements recorded by NGOs or counsellors.

Answering the queries raised by the JJB magistrate, the high court said, "The law allows the investigating agencies to record multiple statements of the victims. There is no prohibition on recording multiple statements by the police. A seemingly contradictory initial account is not a reason in itself to disbelieve the subsequent accounts by the victims.

"The multiple statements placed by the investigating agency should be carefully scrutinized by the trial courts in order to ensure that complete justice is done."