The Delhi High Court has upheld the conviction and five-year sentence of a man who sexually assaulted a six-year-old neighbour, holding that a kiss on a child’s lips may fall within the POCSO Act even without touching private parts.
The appellant challenged his conviction under Section 354 of the Penal Code and Section 10 of the POCSO Act, arguing that the child’s account was inconsistent and tutored. In its 13 October 2026 judgment, the court found her testimony coherent, credible and consistent on the material facts.
The court said a conviction may rest on the sole testimony of a child witness when it inspires confidence. Minor variations do not invalidate such evidence, and an allegation of tutoring must be supported through meaningful contradictions, doubtful conduct or incompatibility with the surrounding record. Finding none, the court dismissed the appeal and affirmed the trial court’s judgment and sentence.