IMPORTANT POINT
Section 23 of the POCSO Act applies to any person making comments about a child without authentic information, not just media personnel.

ORDER :

1. This Crl. M.C. has been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short hereinafter) by the sole accused in S.C. No. 551/2022 on the files of the Special Court, Palakkad, under the Protection of Children from Sexual Offences Act (POCSO for short hereinafter), seeking to quash Annexure-A1 complaint, Annexure-A4 order and further proceedings thereof.

2. Heard the learned Senior Counsel for the petitioner, the learned counsel appearing for the 2nd respondent/defacto complainant. Heard the learned Public Prosecutor appearing for the 1st respondent.

3. Here a private complaint was lodged by the 2nd respondent herein before the Special Judge under the POSCO Act, Palakkad under Section 28 read with 33 of the POCSO Act, alleging that the petitioner, who is arrayed as accused in the above complaint committed an offence punishable under Section 23(1) of the POCSO Act as well as Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 1989 (SC/ST Act for short hereinafter). Shorn of embellishments, the allegations which would throw light as to commission of the above offences could be gathered from Paragraphs 8 and 9 of the complaint and the same are extracted as under:

“8. After the acquittal of the accused, there were large scale public protests against the action of the police all over Kerala. In the meanwhile on 13.1.2019 the accused who investigated and laid the final report in the death of the two children of the Complainant furnished an information against the two deceased children on the effect that in fact the two children ‘enjoyed’ the sexual acts committed by the accused. It was given through a programme in 24 news channel which was anchored by Dr. Arun Kumar and the statement was made to the reporter Shanoob Meerasahib. The accused provided the false information against the children, knowing it to be false and thereby victimized the children again in the same offence. He further stated to the reporter of the 24 channel that the accused person committed sexual assault on the children with their consent. The Complainant submits that the comments made by the accused are absolutely false and frivolous. It is submitted that the accused had no occasion to interact with the children. He gave this comment without having any authoritative information. It is further submitted that the Complainant is a woman belonging to cheruma community which is included in the scheduled caste with respect to Kerala state as per clause 24 of Article 366 r/w article 341 of the Constitution of India. Being the investigating officer in the case of the deaths of the children, the accused was fully aware that the deceased children belong to scheduled caste. The accused made the comment against the children with the intention to insult and humiliate the children as well as the Complainant within the public view. Copy of that video clipping is produced along with this complaint. The video of the programme is uploaded in their you tube channel.

9. The conversation between the reporter Shanoob Meerasahib and the accused was telecasted in 24 news channel on 13.1.2019 and the same was seen and heard by thousands of people all over Kerala as well as outside Kerala. This statement of the accused have caused ill feelings against the deceased children who met pathetic death from the hands of the murderers. The statement would have harmed the reputation of the children if they were alive. The imputations were intended to be harmful to the feelings of the Complainant who is their mother and guardian. The reputation of the deceased children as well as the Complainant cannot be allowed to be crucified at the altar of the whims and fancies of the accused. It is submitted that the Complainant is an aggrieved person in this matter. By providing false information against the children, knowing it to be false the accused has committed the offence falling u/s 23 (of the POCSO Act 2012 and also under sec 3(r