Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
Muhammed Anas S/o Khadeeja – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. details of the criminal case and accusations (Para 1 , 3) |
| 2. petitioner seeks quashment of proceedings due to absence of evidence. (Para 2) |
| 3. arguments regarding lack of evidence (Para 4 , 5) |
| 4. legal obligations under pocso act (Para 6 , 7) |
| 5. lack of prima facie evidence for involvement (Para 8) |
ORDER :
1. Third accused in S.C.No.247/2022 on the files of the Sessions Court, Kasaragod, has filed this Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’ hereinafter), seeking quashment of the proceedings against him.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused prosecution records including the FSL report pertaining to the mobile phone of the victim.
3. In this matter, the prosecution alleges commission of offences punishable under Sections 376D r/w 376DA, 202, and 377 of the INDIAN PENAL CODE , Sections 5g, 6(1), 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the PoCSO' Act, hereinafter) by the 1st and 2nd accused and under Section 19 (1) r/w 21(1) of the PoCSO Act, by the 3rd accused. The allegation against the 3rd accused/petition
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.
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.
Failure to report an incident under POCSO Act does not imply criminal liability without intention; mere delay in reporting is insufficient for prosecution.
Serious offences under the POCSO Act cannot be quashed based on compromise or victim's affidavit, reaffirming the need for societal protection.
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....
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.
The court established that a lack of prima facie evidence in the FIR and subsequent statements can justify quashing of criminal proceedings under Sec. 482 of the Code of Criminal Procedure.
(1) Sexual harassment of child – Settlement of POCSO offences, acting on affidavit filed by victim or their parents, is not legally permissible.(2) Mere sending of messages or having chats with a chi....
The court established that for offences under the PoCSO Act, evidence of sexual intent in communications is essential to constitute a prima facie case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
