01.06.2016, New Delhi: Giving credence to the testimony of a hearing and-speech impaired girl made through sign language, the Delhi high court upheld the conviction of a youth under the stringent POCSO Act.
Justice Mukta Gupta dismissed the appeal filed by Shahid Ali and directed him to undergo his jail term. He was convicted last year by a trial court for trying to sexually assault an eight year old girl and sentenced to 10 years rigorous imprisonment.
The court rejected Ali's claim that the victim's testimony is unreliable and that she made improvements in her deposition to court, from the original police complaint.
"The prosecutrix had not learnt sign language as taught in school but was more attuned to sign language taught to her by her mother. Even if the statement of the prosecutrix could not be recorded under Section 164 CrPC, the same is not a ground to discard her deposition which is duly corroborated by the witnesses," the court observed, dismissing the appeal.
The girl was playing in a park when, according to witnesses, Ali gagged her mouth and was taking her away .When he saw the public raising an alarm, he tried to flee but was apprehend
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