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K. BABU
GEORGE P. O. S/O OUSEPH – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
K. BABU, J.
1. The petitioner seeks to quash the proceedings against him in S.C. No. 811/2020 on the file of the Additional Sessions Court-I, Thrissur. The petitioner is the former chairman of the Child Welfare Committee, Thrissur. He functioned as such for a period from 2009 to 2019. He has been arrayed as accused No. 2 (Crime No. 1130/2019 of Ollur Police Station) in the Sessions Case.
2. The offences alleged are punishable under Sections 450, 354(A), 376(2)(l), 376(2)(i) and 506 of the IPC and Sections 4, 3(b), 6, 5(k), 12 read with Section 11 (iii) and Section 21 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The petitioner has been arrayed as accused No. 2, alleging the offence under Section 21 read with Section 19(1) of the POCSO Act for non-reporting of the matter to the police.
3. The incident came to light after many years while the victim was sexually abused by an auto driver for which Crime No. 1028/2019 was registered. In that crime, the provisions of the POCSO Act were not included as the victim had attained 19 years on the date of the second crime.
4. The allegation against the petitioner is that he had not reported the incident to the pol
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....
The court ruled that the obligation to report under the POCSO Act applies regardless of the accused's official capacity, and no sanction is needed for prosecution if the act is distinct from official....
(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....
Mandatory reporting of offences under the POCSO Act is crucial, and failure to report is punishable, emphasizing the seriousness of non-compliance.
(1) Courts must follow and implement law – Courts cannot commit violence against law.(2) Kidnapping and rape of minor girl – When such offences of rape and aggravated penetrative sexual assault are c....
The main legal point established in the judgment is the entitlement of the child to legal representation, participation in proceedings, and the mandatory presence of the informant or authorized perso....
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....
(1) Child Pornography – Sexual exploitation of children is a pervasive and deeply rooted issue that has plagued societies worldwide and has been a matter of serious concern in India – Increasing inci....
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.
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