A. BADHARUDEEN
M. J. SOJAN S/O JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
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
Joseph Kuzhinjalil (Fr.) v Visalakshi
M/s. Frick India Ltd. v. Union of India and Others
Sarah Mathew and Others v. Institute of Cardio Vascular Diseases and Others
Section 23 of the POCSO Act applies to any person making comments about a child without authentic information, not just media personnel.
The court upheld the applicability of POCSO Act offences while quashing charges under the JJ Act, affirming that the police could investigate without a Magistrate's order.
Disclosing a child's identity in media without proper authorization violates the POCSO Act, regardless of the underlying allegations being false.
The court ruled that the media's intent to inform the public about drug abuse, while protecting the survivor's identity, did not constitute a violation of the PoCSO Act.
The main legal point established in the judgment is the application of Section 227 of the Code of Criminal Procedure and the interpretation of Section 15 of the POCSO Act before and after the amendme....
(1) Provision of Section 23 of POCSO which protects child victims of sexual abuse from unwarranted intrusion into privacy, harassment and mental agony has to be strictly enforced – Provision cannot b....
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 court upheld the framing of charges against the petitioner for disclosing the identity of a minor victim, establishing a prima facie case based on evidence of involvement in the dissemination of ....
The interpretation of Sections 19, 20, and 21 of the POCSO Act was crucial in determining the liability of the accused for failure to report offences, leading to their discharge for certain charges.
The non-obstante clause in Section 19 of the POCSO Act mandates reporting of offences without excluding the applicability of Section 197 of the Cr.P.C. for public servants acting in their official ca....
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