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SUPREME COURT OF INDIA
AJAY RASTOGI, C.T. RAVIKUMAR, JJ.
The State of Maharashtra and Another – Appellants
Versus
Dr. Maroti S/o Kashinath Pimpalkar – Respondent
Criminal Appeal No. 1874 of 2022, Special Leave Petition (Crl.) No. 718 of 2022
Decided On : 02-11-2022
(A) Criminal Procedure Code, 1973 – Section 482 – Exercise of inherent jurisdiction – Exercise of power under Section 482 Cr.P.C. is an exception and not the rule – It is to be exercised ex debito justitiae to do real and substantial justice for administration of which alone Courts exist – Inherent power under Section 482, Cr.P.C. should not be exercised to stifle a legitimate prosecution. (Paras 7 and 9)
(B) Protection of Children from Sexual Offences Act, 2012 – Sections 19(1), 21, 4 and 6 – Indian Penal Code, 1860 – Section 376AB – Criminal Procedure Code, 1973 – Sections 53A and 482 – Sexual abuse of minor girls – Prompt and proper reporting of commission of offence under POCSO Act is of utmost importance – Medical examination of victim as also accused would give many important clues in a case that falls under POCSO Act – Respondent is Medical Practitioner appointed for treatment of victim girls – Investigation revealed that respondent had knowledge about incidents occurred, from victims themselves – Respondent who was under legal obligation, in terms of provisions under Section 19(1) of POCSO Act upon getting knowledge about committing of offence under POCSO Act, to provide such information either to Special Juvenile Police Unit or local police remained silent and did not provide such information to help accused – FIR reveals ingredients of offence under POCSO Act and real magnitude of same was revealed during investigation – Truthfulness, sufficiency or admissibility of evidence are not matters falling within purview of exercise of power under Section 482, Cr.P.C. and they are matters to be done by Trial Court at the time of trial – Non-reporting of sexual assault against a minor child despite knowledge is a serious crime and more often than not, it is an attempt to shield offenders of crime of sexual assault – Such persons are also liable to be proceeded with in accordance with law – Impugned judgment resulting in quashment of stated FIR and charge-sheet throttling prosecution at threshold, cannot be said to be as an exercise done to secure interests of justice – Such exercise resulted in miscarriage of justice – Impugned judgment of High Court set aside. (Paras 5, 15, 17, 18, 22, 23, 24, 25 and 26)
Facts of the case:
Legitimate prosecution under Protection of Children from Sexual Offences Act, 2012, has been throttled at the threshold by exercise of power under Section 482 of the Code of Criminal Procedure, 1973, without permitting the materials in support to it to see the light of the day in respect of misprision of sexual assault against minor tribal girls in a girls’ hostel. As per the impugned judgment, the High Court of Judicature at Bombay, Nagpur Bench in Criminal Application (APL) No.841 of 2019 dated 20.04.2021 quashed FIR and final report filed thereon under Section 173(2), Cr.P.C. qua Respondent.
Findings of Court:
High Court arrived at the finding of absence of evidence to implicate the respondent in the crime in question upon going through statements of the victims and also the statement of teacher of the victims, which recourse is absolutely impermissible.
Result : Appeal allowed.
JUDGMENT :
C.T. RAVIKUMAR, J.
1. Leave granted.
2. This Court in Shalu Ojha vs. Prashant Ojha, (2015) 2 SCC 99, observed:
“this is an unfortunate case where the provisions of the Protection of Women from Domestic Violence Act, 2005 are rendered simply a pious hope of the Parliament and a teasing illusion for the appellant.” Even while, borrowing those words, we may say, we are not peeved, but certainly pained, as a legitimate prosecution under another Act viz. the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”), has been throttled at the threshold by the exercise of power under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) without permitting the materials in support to it to see the light of the day in respect of misprision of sexual assault against minor tribal girls in a girls’ hostel. As per the impugned judgment, the High Court of Judicature at Bombay, Nagpur Bench in Criminal Application (APL) No. 841 of 2019 dated 20.04.2021 quashed FIR No. 185 of 2019 dated 12.04.2019 of Rajura Police Station and the final report filed thereon under Section 173(2), Cr.P.C. qua the Respondent. The raison d'etre for the said opening remarks would be unraveled by the factual narration and the legal analysis to be made hereinafter.”
3. The stated charge-sheet was laid on investigation in FIR No. 185/2019 registered at Rajura Police Station, District Chandrapur, for the offences under Section 376AB of the Indian Penal Code, 1860, Section 4 and 6 of POCSO Act, Section 3(1)(w) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. We may hasten to add that it was filed under those Sections against the first five accused and in fact, the Respondent herein was arraigned as the 6th accused thereunder, essentially for the failure to report the commission of the offence under the POCSO Act (then, of course by unknown persons), in compliance with the legal obligation under Section 19 (1) of POCSO Act, punishable under Section 21 (1) thereof.
4. The stated FIR came to be registered against unidentified person(s) on the accusation of commission of sexual offences against minor tribal girls who were students of Infant Jesus English Public High School, Rajura residing in its girls’ hostel. The complaint was lodged by one Rajesh Tulsidas Dhotkar, Assistant Project Officer, Integrated Tribal Development Project, Chandrapur. According to the appellant, on 06.04.2019 the said officer received a telephonic information from Chhaban Pandurang Pachare, the Superintendent of the said hostel which is under the control of the Integrated Tribal Development Project, Chandrapur that one girl studying in the 3rd standard and another studying in the 5th standard, of the said school were not keeping well. Immediately, he visited the hospital where they were admitted. Later, he received letter No. 3392/2019 dated 10.02.2019 revealing that the students were shifted from Rural Hospital Rajura to General Hospital, Chandrapur owing to their deteriorating health condition. From the General Hospital, Chandrapur a medical certificate was issued to the effect that there is suspicion of sexual abuse. Thereupon, the Project Officer, Integrated Tribal Development Project, Chandrapur authorised him to lodge the complaint and accordingly, it was laid. We may state at this juncture that going by Criminal Application (APL) No. 841/2019, filed along with the present Appeal as Annexure-P3, the parents of the victims were not happy with the investigation in the crime and they filed a Criminal Writ Petition No. 342/2019 and subsequently, Final Report/ Charge-Sheet No. 43/2019 dated 08.06.2019 was filed.
5. Now, reverting to the case of the appellant, it is to the effect that during the investigation, Superintendent of the aforementioned hostel and four
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.
Mandatory reporting of offences under the POCSO Act is crucial, and failure to report is punishable, emphasizing the seriousness of non-compliance.
The interpretation of Sections 19, 20, and 21 of the POCSO Act was crucial in determining the liability of the accused for failure to report offences, leading to their discharge for certain charges.
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....
Sexual assault on girl child – If evidence of witness is cogent, consistent and unwavering she qualifies as a sterling witness upon whose evidence conviction of perpetrator can be based.
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