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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
MRIDUL KUMAR KALITA, J.
Docha Tagom and Ors - Appellant
Versus
The State of AP – Respondent
Crl.Petn.98 of 2024
Decided on : 23-08-2024
Quashing - POCSO Case - Section 8 POCSO Act, 2012; Section 354A IPC - The Court interpreted the provisions of the POCSO Act and IPC, emphasizing the necessity of sexual intent for establishing an offence, leading to the decision to quash the proceedings based on the victim's testimony and amicable settlement.
Fact of the Case:
The petitioners sought to quash proceedings under the POCSO Act and IPC after the victim testified that the accused did not have bad intentions when he touched her, and an amicable settlement was reached between the parties.
Finding of the Court:
The Court found that the victim's testimony indicated no sexual intent by the accused, and the parties had settled the matter, making further proceedings unnecessary.
Issues: Whether the charges under the POCSO Act and IPC could be sustained given the victim's testimony and the settlement between the parties.
Ratio Decidendi: The Court held that the absence of sexual intent in the victim's testimony and the amicable settlement justified quashing the proceedings under Section 482 of the CrPC.
Result: The Court quashed the proceedings against the petitioner under the POCSO Act and IPC.
ORDER :
Heard Mr. K. Taja, learned counsel for the petitioners. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State of Arunachal Pradesh/sole respondent.
2. This application under Section 482 of the Code of Criminal Procedure, 1973 has been jointly filed by the petitioners, namely, (i). Shri Docha Tagom, (ii). Shri Kupi Godak and (iii) Ms. “X”, the victim (name is not disclosed to protect the identity of the victim girl), praying for quashing of the proceedings of the POCSO Case No. 03/2024(Z), arising out of Raga P.S. Case No. 06/2024 under Section 8 of the Protection of Children from Sexual Offences Act (POCSO Act), 2012 and Section 354A of the Indian Penal Code (IPC), presently, pending before the Court of the learned Special Court POCSO-cum-Sessions Court, Ziro.
3. The facts relevant for consideration of the instant criminal petition, in brief, are as follows:
(ii). On receipt of the said F.I.R., Raga P.S. Case No. 06/2024 was registered under Section 354 of the IPC read with Section 8/12 of the POCSO Act, 2012 and investigation was initiated.
(iii). After completion of the investigation, Charge-sheet was laid against the petitioner No. 1, namely, Shri Docha Tagom on 12.05.2024 under Section 354 of the IPC read with Section 8/12 of the POCSO Act, 2012. The petitioner No. 2 was arrested after lodging of the aforesaid F.I.R. and he is facing the trial remaining in custody.
(iv). On 10.06.2024, the Court of learned Special Judge (POCSO), Lower Subansiri District, Ziro, framed charges under Section 8 of the POCSO Act, 2012 read with Section 354 A of the IPC, against the petitioner No. 1, Shri Docha Tagom. When the said charges were read over and explained to the petitioner No. 1, he pleaded not guilty and claimed to be tried.
4. Mr. K. Taja, learned counsel for the petitioners has submitted that after framing of charges against the petitioner No. 1, the prosecution side have already examined the main witnesses, namely, the victim as well as the complainant as PW-1 and PW-2, respectively. He also submits that in her testimony before the Trial Court as PW-1, the victim has deposed that the petitioner No. 1 is the husband of her elder cousin sister. The learned counsel for the petitioners, thus, submits that the petitioner No. 1 is, therefore, related the petitioner No. 2 and the victim girl. The learned counsel for the petitioners also submits that though in her deposition before the Trial Court as PW-1, the victim girl has stated that in the month of March, 2024, on the request of her father’s sibling Smti Godak Mami, she went to her residence, which was situated in Medical Colony, Yada, to take care of her children, the petitioner No. 1 at that time, came to residence of Smti Godak Mami and requested the victim girl to prepare meal for him, as he was alone in his house. On his request, the victim girl came to the house of the petitioner No. 1, which is located near Medical Colony, Yada. The learned counsel for the petitioners has submitted that the victim girl has also deposed that while she was leaving the kitchen after preparing meal, the petitioner no. 1 suddenly hugged her from back side by crossing his arms over her chest and touched her breast. She also deposed that the petitioner no. 1 seemed to be in inebriated condition and therefore, she did not like his behaviour and immediately left his house.
5. The learned counsel for the petitioners has submitted that the victim girl as PW-1 has also deposed in her testimon
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.
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