Sofyan v. State (Delhi)
Delhi High Court2017:DHC:1838; MANU/DE/1408/2017Bench: J. S. Muralidhar, J. Prathiba M. Singh
The Delhi High Court upheld the conviction under Section 10 POCSO (punishment for aggravated sexual assault). The Court held that the accused, being the child's swimming instructor, was in a position of trust and authority under Section 9(f) POCSO, which specifically aggravates the offence when committed by a teacher, tutor, or any person in a position of authority over the child. The "accidental contact" defence was rejected — the nature, duration, and manner of the contact clearly established sexual intent. The position of authority is an aggravating factor that elevates the offence to Section 9 from Section 7.