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A. BADHARUDEEN
Hyder Ali, S/o. Khader – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala – Respondent
ORDER :
A. Badharudeen, J.
This petition has been filed challenging Annexure-A7 order whereby the Special Judge refused to implead the investigating officer, who conducted the investigation in this case and examined as PW12, as additional accused.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused Annexure-A7 order and the decision cited by the learned counsel for the petitioner in support of his contentions.
3. The learned counsel for the petitioner argued that going by the evidence given by PW1, the victim and PW2 her mother, both of them reached the police station on 18.08.2023 to give statement in relation to the occurrence. Similarly, PW12 the Investigating Officer during his cross examination also conceded that PWs 1 and 2 reached the police station at 9.30 p.m. on 18.08.2023. Accordingly, it is argued that when information regarding commission of a cognizable offence under the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') was informed or reported to PW12, he has a statutory duty to record the statement and to register a crime, immediately on receipt of the information or report in tune with the
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.
The conviction under Section 6 of the POCSO Act was overturned due to procedural violations, illustrating the necessity of adhering to legal protocols in sexual assault cases involving minors.
The court ruled that a mother's delay in reporting her daughter's pregnancy, due to trauma, does not constitute a deliberate failure under the PoCSO Act, justifying quashment of proceedings against h....
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.
FIR – If information received disclosed commission of a cognizable offence, it is mandatory to register FIR.
Point of law: POCSO Act – To appoint competent Special Public Prosecutors exclusively attached to the Special Courts dealing with matters under the POCSO Act, so that the time-frame under Section 35 ....
A victim's statement under Section 164 of the CrPC cannot be recorded without the investigating agency's sponsorship to maintain the integrity of the judicial process.
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....
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