Delhi Court Overturns Child Abuse Conviction Due to Procedural Lapse

• A Delhi court set aside the conviction of a school van driver in a child abuse case, citing procedural errors by the trial court.
• Additional Sessions Judge Abhishek Goyal ruled that Judicial Magistrate First Class (JMFC) Payal Singh wrongly passed a 'judgment of conviction' instead of an 'opinion of guilt' under Section 325 CrPC.
• Chief Judicial Magistrate (CJM) Harshita Mishra then erred by simply sentencing based on the JMFC's flawed judgment, instead of conducting a fresh assessment.
• The five-year rigorous jail term and Rs 5,000 fine were deemed unsustainable in law and have been set aside.
• The case is remanded to the CJM for a fresh hearing, with the possibility of recalling witnesses or taking new evidence; the accused is to appear on March 25.