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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SMT. VIBHA KANKANWADI, SANJAY A. DESHMUKH, JJ
Sushama @ Sushma Manish Shah – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
SMT. VIBHA KANKANWADI, J.
1. Rule. Rule made returnable forthwith. Heard learned counsel for the appearing parties finally, by consent.
2. Present Petition has been filed under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, initially for quashing the First Information Report (for short “the FIR”) vide Crime No. 542 of 2024, dated 28th August 2024 registered with Nandurbar City Police Station, Nandurbar, and by way of amendment for quashing the proceedings in Special Case No.33 of 2024 pending before the learned Special Judge, under the Protection of Children from Sexual Offences Act, Nandurbar, for the offence punishable under Sections 11(3), 12, 16, 17 and 21(2) of the Protection of Children from Sexual Offences Act, 2012 ( for short “the POCSO Act”) and Section 75(1)(iii) of Bharatiya Nyaya Sanhita, 2023, and Section 67-A of the Information Technology Act.
3. Taking into consideration the involvement of POCSO Act, we would like to mask the name of respondent No.2.
4. Heard learned Advocate Mr. Mukul Kulkarni for petitioners, learned APP Ms. P.R. Bharaswadkar, for respondent No.1 – State and learned Advocate Mr. Suniket Kulk
Failure to report an incident under POCSO Act does not imply criminal liability without intention; mere delay in reporting is insufficient for prosecution.
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.
Insufficient evidence to establish criminal liability under POCSO Act when both the accused and the witness had a duty to report, emphasizing the need for more than mere statements.
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.
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....
The High Court quashed proceedings against an accused due to lack of prima facie evidence connecting him to the failure to report a sexual offence, as required under the PoCSO Act.
Mandatory reporting of offences under the POCSO Act is crucial, and failure to report is punishable, emphasizing the seriousness of non-compliance.
The central legal point established in the judgment is the obligation under the POCSO Act to report offences to the police, ensuring the safety and security of the child and maintaining the confident....
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