A. BADHARUDEEN
Suraj V Sukumar @ Suraj Palakaran – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure.A2 charge in Crime No.2/2021 of Cyber Crime Police Station, Thiruvananthapuram, now pending as S.C. No.441/2022 on the files of the Special Court (for the trial of cases under the Protection of Children from Sexual Offences Act [hereinafter referred as ‘POCSO Act’ for short]), Thiruvananthapuram. The petitioner herein is the sole accused in the above case.
2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the relevant materials available.
3. In this matter, the prosecution allegation is that, the accused/petitioner herein, who has been running a youtube channel by name ‘True TV’ - True Satellite Communication Pvt. Ltd. owned by him, with intention to increase rating of his channel, disclosed the identity of the victim of POCSO Act offences in Crime No.2338/2020 of Kadakkavoor Police Station. The specific allegation is that, starting from 01.09.2020, the accused published necessary inputs, including the photographs of the father
Disclosing a child's identity in media without proper authorization violates the POCSO Act, regardless of the underlying allegations being false.
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.
Section 23 of the POCSO Act applies to any person making comments about a child without authentic information, not just media personnel.
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 absence of evidence proving identity disclosure under Section 228-A(1) IPC leads to quashing of proceedings.
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 court emphasized that quashing of a criminal FIR, especially in cases involving minors, should only occur when no prima facie case is established, maintaining the integrity of the trial process.
The court emphasized the necessity of not quashing FIRs based on allegations of child sexual abuse, underscoring the child's right to justice while balancing procedural protections under POCSO.
(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....
The prosecution must prove charges beyond reasonable doubt for convictions in sexual offences; acquittal is justified if evidence does not meet this burden.
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