The Delhi High Court has acquitted Rahul Bhupinder Verma, previously convicted under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act. Justice Manoj Kumar Ohri held that allegations of “physical relations” without clear details or supporting evidence cannot substantiate charges of rape or penetrative sexual assault. The court noted that terms like “physical relations” and “sambandh” must be explicitly defined to meet the legal standards. It further observed delays in filing the FIR, lack of medical or forensic proof, and absence of foundational facts for applying the statutory presumption under Section 29 of POCSO.
The Calcutta High Court commuted the death sentences of two men convicted of raping and murdering a five-year-old girl to life imprisonment without remission for 60 years. While confirming their guilt, the Court applied the “rarest of rare” doctrine and found mitigating factors like socio-economic background and post-custody conduct. Citing constitutional principles and Article 21, the Court held that life imprisonment is the rule, death the exception. By imposing a fixed non-remittable term, it balanced retribution with human rights, ensuring severe punishment while avoiding capital execution—a “third way” between life and death sentences.
