Important points:
If the public prosecutor does not examine material witnesses like medical officer and investigating officer due to negligence or for ulterior reasons, the trial Judge can take action against the erring officer and also compel the attendance of the witnesses. The function of a public prosecutor relates to a public purpose, entrusting him with the responsibility of acting only in the interest of administration of justice

JUDGMENT :

A. HARIPRASAD, J.

1. Abhorrent child abuses and inexcusable indifference to the crime are some of the gravest social evils prevalent in the present society. A child can be abused in many ways. Mental, physical and sexual abuses are some of them. Multi-dimensional complexities of human life, misuse of social media platforms and changed socio-economic conditions expose the children to new and different forms of abuses. It includes causing mental and physical injuries, neglecting, blaming, forced sexual serfdom, incest exploitation, etc. Child abuses take place in their homes, schools, orphanages and residential care facilities. Even on the streets, in work places and in prisons too such violations occur. Violence in any form will cause a deep impact and leave an indelible scar in the mind of the child. Child abuse results in a real or potential harm to the child's health, personality development and dignity.

2. Sob story unfolded from the records in these cases utterly shock our conscience. It ought to have been so for the investigator, the prosecutor and the trial court too. Unfortunately, two tender aged girl children, who are uterine sisters, departed from this world un-avenged for the inexpiable sins done to them by those who should have been taking care of them.

3. On 13.01.2017, Walayar Police Station Crime No. 43 of 2017 was registered under Section 174 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.). Contents of the first information statement (FIS), in short, are that on the above date, a girl approximately 13 years of age committed suicide by hanging inside a shed, where the victim and family were living, at a time between 14.30-17.00 hours. The matter was reported by the nephew of the girl's mother at 19.29 hours. After a preliminary investigation, the body was sent for postmortem examination. A postmortem certificate dated 14.01.2017 was issued by the Assistant Surgeon, Department of Forensic Medicine, District Hospital, Palakkad. The certificate reads thus:

“POST-MORTEM CERTIFICATE

The requisition for post mortem examination on the body of a female by name KRITHIKA stated to be aged about 13 years, involved in Crime No. 43/17 u/s 174 Cr.P.C. of Walayar police Station was received from The S.I. of Police, Walayar Police Station at 10:15 AM on 14.01.2017 (vide Crime No. 43/2017 dated 14.01.2017). The body was in charge of WCPO No. 4405 who identified the same. The body was first seen by the undersigned and post mortem examination commenced at 10:20 AM on 14.01.2017 and concluded at 11:20 AM on the same day. The alleged history as stated in KPF 102 was “Hanging.”

POST MORTEM FINDINGS

(A) GENERAL: Body of a moderately built and nourished adolescent female weighing 42 kg and 157 cm long. Eyes partly opened, conjunctiva pale, tache noir sclerotique present on both eyes, cornea hazy. Nostrils and ear canals intact. Lips with its inner mucosa, teeth and gums intact. Tongue protruded and bitten. Finger nails bluish. Salivary dribble mark 4 cm, horizontal at right angle of mouth. Ant erosions present over both eye lids along lid margin, on upper lip, inguinal region and over labia majora. Multiple healed pyoderma scars over both lower limbs and healing pyoderma over right upper limb. Anal orifice appeared stretched with multiple mucosal erosions at margins with pustular areas at places. Rigor mortis passed off from jaw and upper limbs, retained feebly on lower limbs. Post mortem staining over back of trunk and with stasis petechie in lower limbs, getting fixed. No signs of decomposition. Body was not kept in freezer.

(B) INJURIES (Ante Mortem):

Neck findings: A dark blue synthetic cloth was seen around neck measuring 145 cm with fresh cut open loop at one end measuring 41 cm with a slip knot. There were horizontal wrinkles across breadth of 82 cm.

1. Pressure abrasion, dark brown in colour, non continuous, non grooved, parchmented, having no specific pattern over upper part of neck, over and above the level of thyr