A. BADHARUDEEN
Sunitha C. K. W/o Satheesh M. G. – Appellant
Versus
State of Kerala – Respondent
ORDER
The 2 nd accused in S.C.No.982/2023 on the files of Special Court for the trial of offences under the Protection of Children from Sexual Offences Act , Palakkad, has filed this Crl.M.C under Section 482 of the Code of Criminal Procedure seeking to quash all further proceedings against the petitioner in the above case.
2. Heard the learned counsel for the petitioner/2 nd accused and the learned Public Prosecutor in detail. Even though notice was served upon the 2 nd respondent/defacto complainant, she did not turn up.
3. In this case prosecution alleges commission of offences punishable under Sections 354A (1)(ii) and 506 (i) of the Indian Penal Code (` IPC ’ for short) and under Sections 8 r/w 7, 10 r/w 9(l), 9(n), 12 r/w 11(i) and 21 r/w 10 of Protection of Children from Sexual Offences Act (`POCSO Act’ for short), by the 1 st accused. The allegation against the 2 nd accused is that she has committed offence punishable under Section 21 r/w 19 of the POCSO Act since she failed to inform the
Insufficient evidence to establish criminal liability under POCSO Act when both the accused and the witness had a duty to report, emphasizing the need for more than mere statements.
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.
The POCSO Act does not require immediate reporting of offences; reasonable delay due to intervening circumstances does not constitute a failure under Sections 19 and 21(1).
Failure to report an incident under POCSO Act does not imply criminal liability without intention; mere delay in reporting is insufficient for prosecution.
Mandatory reporting of offences under the POCSO Act is crucial, and failure to report is punishable, emphasizing the seriousness of non-compliance.
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....
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 ....
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 High Court quashed proceedings against an accused due to lack of prima facie evidence connecting him to the failure to report a sexual offence, as required under the PoCSO Act.
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....
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