Supreme Court To Consider Legality Of HC Acquitting POCSO Accused Interpreting Girl's 'Samband Banaya' Statement As Not Sexual Relation

The Supreme Court today(July 28) issued fresh notice to the accused in a Special Leave Petition against the Delhi High Court's order acquitting a 22-year-old man convicted for raping a 14-year-old minor on the grounds that the survivor's testimony that there was 'samband' cannot be interpreted to mean 'sexual intercourse'. 

A bench comprising Justice Dipankar Datta and Justice AG Masih issued notice in a petition filed by NGO 'Just Rights for Children Alliance', returnable in four weeks.

Appearing for the Delh Police, Additional Solicitor General Archana Dave informed the Court that they support the petitioner's case and will file an appeal against the acquittal. 

As per the brief facts, the trial Court sentenced the accused to life imprisonment by interpreting the phrase "samband" and "physical relation" to imply sexual intercourse and thereby sexual assault, factoring in the young age of the survivor and the age difference between the accused and the survivor. 

The accused was convicted of kidnapping the minor, after her mother filed a missing complaint report. She was found in the company of the accused. After her medical examination, she informed that she had a history of a 'samband' with the accused with her consent. 

The Delhi High Court overturned the trial Court's conviction, saying that the mere fact that the survivor is below 18 years cannot lead to a conclusion that there was penetrative sexual assault.

The survivor, in fact, used the phrase "physical relation" but there is no clarity as to what she meant. The use of words "sambad banaya" is not sufficient to establish offence under Section 3 of the Protection of Children from Sexual Offences Act or Section 376 of the Indian Penal Code, the High Court reasoned. 

It said that, though the consent of a minor is immaterial, it has to be established that the physical relationship meant sexual relationships and therefore, sexual assault.

Case Details: JUST RIGHTS FOR CHILDREN ALLIANCE v SAHJAN ALI AND ANR.|SLP(Crl) No. 4286/2025

The petition was filed through AoR Sonali Jain.

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