M. NAGAPRASANNA
Mohammed Aamir Raza S/o. Mohammed Yunus – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
The petitioner is accused No.4 in Special Case No.2679 of 2023 pending before FTSC-1, Additional City Civil and Sessions Judge, Bengaluru. He is knocking at the doors of this Court seeking quashment of entire proceedings registered against him in Crime No.376 of 2023 for offences punishable under Sections 17 and 21 of Protection of Children from Sexual Offences Act, 2012 (‘the Act’ for short) and Section 506 r/w Section 34 of the IPC.
2. Heard Sri Tejas S., learned counsel appearing for the petitioner and Sri Harish Ganapathy, learned High Court Government Pleader appearing for respondent No.1.
3. Facts, in brief, germane are as follows:-
It is the case of the prosecution that a victim aged about 11 years, son of the complainant, was studying Quran at Faizan Manik Mastan Madarasa (‘the Madarasa’ for short) and prior to four months of registration of the complaint between June 2023 to 29-09-2023 when the 11 year old boy was asleep in the second floor of the Madarasa, accused Nos.1 and 2 being the teachers in Madarasa have entered into the room, dragged the victim to the corner, removed his pant, put coconut oil into private parts of the victim and committed unnatural sexual assa
Mandatory reporting of offences under the POCSO Act is crucial, and failure to report is punishable, emphasizing the seriousness of non-compliance.
Prompt and proper reporting of commission of offence under POCSO Act is of utmost importance – Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more ofte....
Criminal liability under the POCSO Act requires a deliberate omission to report a crime, which was not established in this case.
Prompt and Proper Reporting – Prompt and proper reporting of the commission of offence under the POCSO Act is of utmost importance and its failure on coming to know about the commission of any offenc....
The court ruled that the obligation to report under the POCSO Act applies regardless of the accused's official capacity, and no sanction is needed for prosecution if the act is distinct from official....
Failure to promptly report knowledge of a sexual offence against a child constitutes an offence under the Protection of Children from Sexual Offences Act, 2012, and is punishable under Section 21.
The non-obstante clause in Section 19 of the POCSO Act mandates reporting of offences without excluding the applicability of Section 197 of the Cr.P.C. for public servants acting in their official ca....
A one-day delay in reporting an offense under the PoCSO Act does not constitute willful omission, thus not attracting liability under Sections 19 and 21.
The main legal point established is that the duty to report offences under the POCSO Act requires actual knowledge or reason to believe, and mere information or suspicion is not sufficient to attribu....
Section 218 provides that separate trials shall be conducted for distinct offences alleged to be committed by a person. Sections 219 and 221 provide exceptions to this general rule. If a person falls....
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