A. BADHARUDEEN
V. K. Sulochana W/o. Dr. K. C. Viswanathan – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure.A1 Final Report in Crime No.884/2021 of Ollur Police Station, Thrissur, now pending as S.C. No.929/2021 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] (1st Additional District and Sessions Court), Thrissur. The petitioner herein is the 3rd accused in the above case.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor, in detail. Perused the Final Report and the decisions placed by the learned counsel for the petitioner as well as the learned Public Prosecutor.
3. In this matter, the prosecution allegation is that, at about 13.30 hours on a day in the last week of January, 2021, the 1st accused trespassed upon the residence of the minor victim, aged 17 years and subjected her to sexual intercourse and as a result of the same, the minor victim became pregnant. On this premise, the prosecution alleges commission of offences punishable under Sections 450 and 376 of the Ind
Dr.Sr. Tessy Jose v. State of Kerala reported in 2018 (3) KLT 934 (SC)
Criminal liability under the POCSO Act requires a deliberate omission to report a crime, which was not established in this case.
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....
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 ....
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....
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 court ruled that a mother's delay in reporting her daughter's pregnancy, due to trauma, does not constitute a deliberate failure under the PoCSO Act, justifying quashment of proceedings against h....
Mandatory reporting of offences under the POCSO Act is crucial, and failure to report is punishable, emphasizing the seriousness of non-compliance.
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....
A one-day delay in reporting an offense under the PoCSO Act does not constitute willful omission, thus not attracting liability under Sections 19 and 21.
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