The court held that delay in reporting child sexual abuse due to trauma and threats does not constitute failure to report under POCSO, emphasizing the need to consider the context of domestic violence.

JUDGMENT

ANISH DAYAL, J.

1. This petition has been filed under Section 482 , Code of Criminal Procedure, 1973 [“CrPC”] assailing order dated 02nd May 2024 [“impugned order”], passed by Additional Sessions Judge-01 (POCSO), North West/Rohini [“Ld. ASJ”], in case arising out of FIR No. 515/2021, registered at Police Station [“PS”] Maurya Enclave. By way of the impugned order, Ld. ASJ inter alia framed charges against the petitioner under Section 19(1) POCSO punishable under Section 21 POCSO.

2. The FIR was registered basis the complaint of the complainant/prosecutrix (daughter of the petitioner herein) who, at the time commission of the alleged offence, was a minor girl aged 16 years. The FIR was registered under Sections 354, 354A, 377, 323, and 376 of the Indian Penal Code, 1860 [“IPC”] and Sections 6 and 10 of the Protection of Children against Sexual Offences Act, 2012 [“POCSO”].

3. On an application dated 22nd August 2022 moved by counsel for accused, the mother of the prosecutrix i.e. petitioner Rupi Babbar was summoned to the Trial Court whereafter the impugned order was passed, framing charges under Section 21, POCSO against her for failure to report offences against her daughter/prosecutrix.

Allegations in the FIR

4. Prosecutrix had alleged that she was residing along with her mother, the petitioner herein, at a rented house since March 2021, prior to that she was residing with her entire family at her grandparents’ house at Pitampura, Delhi. 5. When prosecutrix was in 7th class, her father [“accused”] touched her in an inappropriate manner; followed her to the bathroom, closed the door from outside, and opened it after half an hour so that she would not complain about him. Once when she was going to washroom; her father held her from behind, touched her private parts and tried to insert his finger. She also alleged that her father had shown pornography to her on his mobile phone. Inappropriate behaviour of the accused continued. She told her mother about the incident, then a quarrel took place between her parents. Later, she alleged that she was sexually assaulted by her father on several occasions and was also beaten by her father.

6. Furthermore, the father allegedly threatened to beat the petitioner up, in case the prosecutrix complained to anyone, so as to keep an eye on her. Accused/husband is also said to have brutally beaten up the petitioner and threatened her in case she reported the alleged incidents.

7. She further complained that the father had unnatural sex with her mother as also alleged that her grandmother had beaten the petitioner as well.

8. Considering these incidents, her maternal uncle came and took her, the petitioner, and her younger brother to Kanpur, whereafter they registered the present case.

Investigation and Trial Court Proceedings

9. During the course of investigation, prosecutrix’s statement under Section 164 CrPC wherein she supported her earlier version. Accordingly, Sections 323 and 376 IPC, and Section 6 POCSO were also added.

10. Petitioner also examined herself and recorded her statement under Section 164, CrPC where she stated that she got married to one Rajeev Babbar in 2003 and two children were born out of wedlock; she came to know that her husband molested her daughter/prosecutrix on several occasions where the daughter told the petitioner about the incidents.

11. Statement of petitioner was recorded under Section 164 CrPC and she corroborated her statement, where she alleged that her husband used to watch pornographic content on his phone and later, she came to know that he showed the pornographic videos to their daughter as also molested her. She further stated that she took her daughter to a psychiatrist on 05th June 2021 in order to enable her to get help, and thereafter, the FIR was registered on 06th June 2021.

12. Accused Rajeev Babbar was arrested on 07th June 2021, his mobile phone was seized and he was sent to judicial custody. On 15th June 2021, accused was granted bail by Ld.