POCSO conviction upheld despite minor witness variations; sentence reduction, victim compensation, and strict child privacy safeguards directed.

Minor inconsistencies about whether the child was touched on the vagina, thigh or another part did not defeat the POCSO conviction, because the evidence from the victim and supporting witnesses consistently proved sexual contact with sexual intent beyond reasonable doubt. The Court also held that the sentence could be reduced in light of the appellant's youth and lack of criminal antecedents, and that compensation was permissible under the child-victim compensation framework for the trauma suffered. It further directed strict compliance with POCSO safeguards, including protection of identity, in camera proceedings, child-friendly evidence recording, limited disclosure in judgments, and prompt medical, legal and compensation-related assistance.

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Issues: (i) Whether the conviction for sexual assault under the Protection of Children from Sexual Offences Act was sustainable on the evidence despite minor inconsistencies about the precise part of the body touched; (ii) whether the sentence required modification and compensation ought to be awarded to the child victim; (iii) whether directions were necessary to protect the identity, privacy, and procedural safeguards of the child victim in POCSO trials.

Issue (i): Whether the conviction for sexual assault under the Protection of Children from Sexual Offences Act was sustainable on the evidence despite minor inconsistencies about the precise part of the body touched.

Analysis: The victim, her parents, her brother, neighbour and other independent witnesses consistently proved that the accused accosted the child while she had gone to fetch water, took her behind the school and touched her body in a sexual and indecent manner. The variation between the witnesses as to whether the touch was on the vagina, thigh or another part of the body did not affect the core prosecution version. The statutory definition of sexual assault focuses on touching with sexual intent, and the evidence established such sexual intent beyond reasonable doubt.

Conclusion: The conviction was upheld and the finding was against the appellant.

Issue (ii): Whether the sentence required modification and compensation ought to be awarded to the child victim.

Analysis: The appellant was young and had no criminal antecedent, which justified interference with the quantum of sentence. The Court also held that compensation to a child victim is contemplated by the POCSO framework and may be awarded under the special compensation regime read with the rules governing assessment of loss, injury and rehabilitation. On the facts, the nature of the offence and the age of the victim warranted monetary compensation for the trauma suffered.

Conclusion: The sentence was reduced and compensation was awarded, partly in favour of the appellant and in favour of the victim on the compensation issue.

Issue (iii): Whether directions were necessary to protect the identity, privacy, and procedural safeguards of the child victim in POCSO trials.

Analysis: The statutory scheme requires protection of the child's identity, in camera trial, child-friendly recording of evidence, limited disclosure in the judgment, prompt medical and legal assistance, and timely consideration of interim and final compensation. The Court held that these safeguards must be strictly followed by police, prosecutors and Special Courts, and issued detailed directions for their implementation across future cases.

Conclusion: The directions were issued in favour of enforcing child victim protection and procedural safeguards.

Final Conclusion: The conviction was maintained, the substantive sentence was reduced, compensation was ordered for the victim, and comprehensive safeguards were laid down for the conduct of POCSO proceedings and protection of child victims.

Ratio Decidendi: Minor variations in witness description of the exact part of the child victim's body touched do not defeat a POCSO conviction where the evidence consistently proves sexual contact with sexual intent, and the child victim compensation and privacy safeguards under the special statutory scheme must be applied in a child-friendly manner.

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