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IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI
CHEEKATI MANAVENDRANATH ROY, J.
Mondi Murali Krishna - Petitioner
Versus
Dumpa Hanisha Naga Lakshmi & others – Respondents
Criminal Revision Case No.1970 of 2017
Decided On : 07-05-2020
Protection of Children from Sexual Offences Act, 2012 - Section 28 - Assailing the order whereby the I Additional District and Sessions Judge, Guntur, a Special Court constituted under Section 28 of the Protection of Children from Sexual Offences Act, 2012 whereby the charge-sheet was filed by the Sub Divisional Police Officer, North Sub Division, Guntur Urban, was returned on the ground that the provisions of the POCSO Act are not applicable to the facts of the case, with a direction to present the charge-sheet before proper Court, the present revision case is preferred by the revision petitioner – Held, When evidence was collected during the course of investigation that the accused committed the said acts of sexual assault and sexual harassment against the victim girl and that she was subjected to such sexual assault and sexual harassment in their hands and when the Police filed charge-sheet stating that the accused committed the offences punishable under the POCSO Act, the Special Court is under the legal obligation to take the said charge-sheet on to the file and proceed according to law when prima facie the facts of the case show that it constitutes an offence under the POCSO Act. Whether the said evidence is sufficient to record a conviction or even as to the admissibility of the said evidence etc., is altogether a different aspect which are all the matters to be considered after the trial in the final adjudication of the case. When the record prima facie reveals as per the evidence collected by the prosecution that the facts of the case constitutes an offence under the POCSO Act, the Special Court is not justified in returning the charge-sheet on flimsy grounds. So, the learned Judge grossly erred in rejecting the charge-sheet on the ground that there was no report from the victim girl. He has completely ignored Section 19 of the Act.- criminal revision case is allowed
Facts of the Case:
It is a most pathetic case where a victim girl who has entered the precincts of the University with a fond hope on her bright future has ended her life by committing suicide on account of the alleged sexual assault and sexual harassment to which she was subjected in the hands of the accused.
Finding of the Court:
When evidence was collected during the course of investigation that the accused committed the said acts of sexual assault and sexual harassment against the victim girl and that she was subjected to such sexual assault and sexual harassment in their hands and when the Police filed charge-sheet stating that the accused committed the offences punishable under the POCSO Act, the Special Court is under the legal obligation to take the said charge-sheet on to the file and proceed according to law when prima facie the facts of the case show that it constitutes an offence under the POCSO Act. Whether the said evidence is sufficient to record a conviction or even as to the admissibility of the said evidence etc., is altogether a different aspect which are all the matters to be considered after the trial in the final adjudication of the case. When the record prima facie reveals as per the evidence collected by the prosecution that the facts of the case constitutes an offence under the POCSO Act, the Special Court is not justified in returning the charge-sheet on flimsy grounds. So, the learned Judge grossly erred in rejecting the charge-sheet on the ground that there was no report from the victim girl. He has completely ignored Section 19 of the Act.
Result: criminal revision case is allowed
JUDGMENT :
Assailing the order dated 07-01-2016 whereby the I Additional District and Sessions Judge, Guntur, a Special Court constituted under Section 28 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act, for short), whereby the charge-sheet was filed by the Sub Divisional Police Officer, North Sub Division, Guntur Urban, was returned on the ground that the provisions of the POCSO Act are not applicable to the facts of the case, with a direction to present the charge-sheet before proper Court, the present revision case is preferred by the revision petitioner.
2. It is a most pathetic case where a victim girl who has entered the precincts of the University with a fond hope on her bright future has ended her life by committing suicide on account of the alleged sexual assault and sexual harassment to which she was subjected in the hands of the accused.
3. Facts germane to dispose of this revision case may be stated as follows:
(b) Accused 1 to 3 are also the students studying in the said University. They are her seniors. Accused No.1 with the active support and instigation of accused No.3 used to force the deceased to love accused No.3. When she refused for the same, accused No.1 used to humiliate her and talk to her sarcastically in vulgar language. Accused No.3 used to force her and compel her to come to the upstairs of the class room and talk to him personally. The victim girl, who was in a panic state, went to the upstairs and met accused No.3. At that time, he made an indecent proposal of sexual advances to her stating that he is in love with her. Accused No.2 also had an evil eye on her and with an intention to satisfy his lust with her, he forced her to love him. The victim girl was reluctant to love both accused 2 and 3. Inspite of her reluctance, accused No.2 used to make unwanted phone calls to her over mobile phone and unable to bear the same, she transferred her calls to the mobile phone of L.W.1, who is her father, by opting call forward option and when her father lifts the phone, accused No.2 used to disconnect the calls.
(c) In the month of February, 2015, when she went to her native place in Warangal District from Guntur on train, accused No.2 followed her in the train up to Madhira. When the deceased reached her native place at Warangal, accused No.2 made a call to her mobile phone and her mother lifted the phone and replied that the victim girl is sleeping. Thereafter, When the victim girl woke up, her mother informed her about the phone call by accused No.2 and when she called back accused No.2, he informed her that he came to Warangal to see the places in and around Warangal with her and he made some sexual advances and overtures at that time. Accused 2 and 3 used to call her over her mobile phone and express their intention to have their lust satisfied with her. Unable to bear the said sexual harassment of the accused, the victim girl diverted the said calls to the mobile phone of L.W.1, who is her father. When L.W.1 received some of the said diverted calls from accused 2 and 3, they later stopped calling to that number. Accused No.3 with the support of accused 1 and 2 used to call the victim girl aside when she was alone and used to talk to her indecently and they used to express their desire to satisfy their lust with her stating that they are in
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