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A. BADHARUDEEN
T. Ambujakshi W/o. Dr. P. Krishnan – Appellant
Versus
State of Kerala – Respondent
ORDER :
The 2 nd accused in S.C.No.495/2020 on the files of Special Court for the trial of offences under the Protection of Children from Sexual Offences Act (`POCSO Act’ for short), Hosdurg, has filed this Crl.M.C under Section 482 of the Code of Criminal Procedure seeking the relief to quash Annexure A1 final report in SC.495 of 2020 pending before Fast Track Special Court, (POCSO Act Cases), Hosdurg, against the petitioner.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the available records including the case diary produced by the learned Public Prosecutor. Also gone through the decisions placed by the learned counsel for the petitioner.
3. In the instant case, the prosecution alleges commission of offences punishable under Sections 376(2)(n), 376(3), 376(2)(f) and 109 of the Indian Penal Code (`IPC’ for short) as well as under Sections 6, 6(1) r/w 5(l), 5(n), 5(j)(ii) of the POCSO Act and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (`J.J Act’ for short) by the 1 st accused, who alleged to have subjected the minor victim to repeated sexua
A doctor cannot be held criminally liable under the POCSO Act for failing to report a minor's pregnancy if the victim misrepresents her age as 18 years, and mere suspicion is insufficient for prosecu....
Prompt and Proper Reporting – Prompt and proper reporting of the commission of offence under the POCSO Act is of utmost importance and its failure on coming to know about the commission of any offenc....
Criminal liability under the POCSO Act requires a deliberate omission to report a crime, which was not established in this case.
Medical practitioners cannot be held liable under the POCSO Act without substantial evidence proving knowledge of the victim's age and alleged crimes. Quashing of FIR emphasizes protection against fa....
It is high time for society to preserve sanctity of medical profession and to uphold dignity of Doctors to ensure continued provision of exceptional care, innovation and dedication to saving lives.
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....
The central legal point established in the judgment is the requirement for evidence to implicate a person for an offence, emphasizing the need for grave suspicion and the interpretation of 'knowledge....
Failure to provide information about offence to Police – A person can be supposed to know only where there is a direct appeal to his senses – There is no obligation on this person to investigate and ....
The interpretation of 'knowledge' under Section 19(1) of the POCSO Act requires direct awareness of the offense, and a reasonable timeframe must be considered for reporting obligations, particularly ....
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