A. BADHARUDEEN
Sunil Mathew Gandhi Lane – Appellant
Versus
State of Kerala – Respondent
ORDER :
Accused Nos.1 and 2 in S.C.No.1090/2022 on the files of Special Court under the Protection of Children from Sexual Offences Act (`POCSO Act’ for short) Offences, Nedumangad, have filed this Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure (`Cr.P.C’ for short) to quash Annexure-I final report in Crime No.601/2020 of Vattiyurkavu Police Station, Thiruvananthapuram District, and all further proceedings thereof.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the records. Even though notice was served upon the 2 nd respondent, no appearance.
3. Here the prosecution alleges commission of offences punishable under Sections 23(1), 23(3) and 23(4) of the POCSO Act and Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (`JJ Act’ for short), by the accused who are the petitioners herein.
4. The prosecution case in a nut shell is that the accused persons, two in numbers, shared common intention to lower the reputation of the child victim, used their mobile phones’ contents and video graphed conversations which would give an impress
Gangadhar Narayan Nayak @ Gangadhar Hiregutti v. State of Karnataka
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.
Disclosing a child's identity in media without proper authorization violates the POCSO Act, regardless of the underlying allegations being false.
(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 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 ....
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 Special Court has the authority to direct police to register an F.I.R. under the POCSO Act, and such directions, despite procedural flaws, do not constitute illegality.
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.
POCSO Cases – There is no bar for Special Judge to forward complaint to Police official to register case and to investigate the matter – Offences under POCSO Act are cognizable offence and police sho....
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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