Judging with Sensitivity, Deciding with Precision: Appreciation of Evidence in POCSO Trials

The success of a POCSO trial often depends not merely on what evidence is produced, but on how that evidence is appreciated. In cases of child sexual abuse, the courtroom must remain a place of legal discipline, yet the judicial process must also respond to the realities of childhood, trauma, delayed disclosure, and the absence of conventional forms of corroboration.​

For the legal fraternity, this branch of adjudication presents a delicate responsibility. The court must protect the child from the injustice of disbelief rooted in misunderstanding, while equally safeguarding the accused from conviction unsupported by legally acceptable proof.

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Her Word, Her Capacity: Judicial Handling of Intellectually Disabled Rape Victims’ Testimony

I. The Illustration: A Trial Judge’s Dilemma

A Sessions Court is trying a rape case. The prosecutrix is repeatedly described as “mentally retarded” in the charge‑sheet and during trial. The label rests on two slender threads:

• A one‑line remark by a doctor in the medico‑legal certificate that she is a “mentally retarded girl”.

• A similar one‑line assertion by her mother in the witness‑box.

There is no psychiatric evaluation, no IQ assessment, no description of the degree of intellectual disability, and no medical board report.

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