Non-reporting of sexual assault on kids critical crime, says SC

By IANS

NEW DELHI: The Supreme Court on Wednesday stated non-reporting of sexual assault in opposition to a minor baby, regardless of having information of it’s a critical crime and in addition an try to protect the offenders.

A bench of Justices Ajay Rastogi and C.T. Ravikumar made the ruling because it put aside a judgment handed by the Bombay High Court in April final yr quashing an FIR and the cost sheet in opposition to a medical practitioner in Maharashtra’s Chandrapur.

It was alleged that the medical practitioner didn’t inform the authority concerning the sexual assault in opposition to a number of minor women at a hostel regardless of having information about it. Criminal proceedings have been initiated in opposition to the physician for failure to report the sexual exploitation of 17 minor women of tribal origin at a Chandrapur faculty in 2019.

Allowing the attraction by the Maharashtra authorities in opposition to the excessive courtroom judgment, the apex courtroom stated: “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 the offenders of the crime of sexual assault.”

Criticising the excessive courtroom judgment, the bench stated: “In the case on hand, the high court arrived at the finding of absence of evidence to implicate the respondent in the crime in question upon going through the statements of the victims and also the statement of the teacher of the victims, which recourse is absolutely impermissible.”

It stated within the gentle of Section 59 of the Evidence Act, the excessive courtroom was not justified in bringing abrupt termination of the proceedings qua the respondent. The sexual exploitation got here to gentle after women finding out in lessons 3 and 5 fell unwell and have been taken to the overall hospital.

The bench stated the very case of the Maharashtra authorities is that some among the many 17 victims have given statements beneath Section 161, Cr.P.C. and a few others beneath Section 164 Cr.P.C., particularly stating that the respondent was knowledgeable of the sexual assault on them.

“When that be the position, we have no doubt that the high court should not have embarked upon an enquiry, especially by looking into the statements of the victims recorded as also their teacher to form an opinion regarding the availability of evidence to connect the respondent with the crime,” it stated.

The bench added: “To achieve the avowed purpose, a legal obligation for reporting of offence under the POCSO Act is cast upon a person to inform the relevant authorities specified thereunder when he/she has knowledge that an offence under the Act had been committed. Such obligation is also bestowed on a person who has apprehension that an offence under this Act is likely to be committed.”

Justice Ravikumar, who authored the judgment on behalf of the bench, stated immediate and correct reporting of the fee of offence beneath the POCSO Act is of utmost significance and so they haven’t any hesitation to state that its failure on coming to know concerning the fee of any offence thereunder would defeat the very function and object of the Act.

“We say so taking into account the various provisions thereunder. Medical examination of the victim as also the accused would give many important clues in a case that falls under the POCSO Act,” stated the bench.

“Prompt reporting of the commission of an offence under POCSO Act would enable immediate examination of the victim concerned and at the same time, if it was committed by an unknown person, it would also enable the investigating agency to commence investigation without wasting time and ultimately to secure the arrest and medical examination of the culprit,” it added.

In the case, the Superintendent of the hostel and 4 others have been arrested and arraigned as accused within the crime. During the investigation, it was discovered that 17 minor women have been abused by the accused and a medical practitioner appointed for remedy of women admitted to the ladies’ hostel.

The investigation revealed that the physician had information concerning the incidents that occurred, from the victims themselves because the sufferer women revealed of their statements, recorded beneath Section 161 of Cr.P.C..

NEW DELHI: The Supreme Court on Wednesday stated non-reporting of sexual assault in opposition to a minor baby, regardless of having information of it’s a critical crime and in addition an try to protect the offenders.

A bench of Justices Ajay Rastogi and C.T. Ravikumar made the ruling because it put aside a judgment handed by the Bombay High Court in April final yr quashing an FIR and the cost sheet in opposition to a medical practitioner in Maharashtra’s Chandrapur.

It was alleged that the medical practitioner didn’t inform the authority concerning the sexual assault in opposition to a number of minor women at a hostel regardless of having information about it. Criminal proceedings have been initiated in opposition to the physician for failure to report the sexual exploitation of 17 minor women of tribal origin at a Chandrapur faculty in 2019.

Allowing the attraction by the Maharashtra authorities in opposition to the excessive courtroom judgment, the apex courtroom stated: “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 the offenders of the crime of sexual assault.”

Criticising the excessive courtroom judgment, the bench stated: “In the case on hand, the high court arrived at the finding of absence of evidence to implicate the respondent in the crime in question upon going through the statements of the victims and also the statement of the teacher of the victims, which recourse is absolutely impermissible.”

It stated within the gentle of Section 59 of the Evidence Act, the excessive courtroom was not justified in bringing abrupt termination of the proceedings qua the respondent. The sexual exploitation got here to gentle after women finding out in lessons 3 and 5 fell unwell and have been taken to the overall hospital.

The bench stated the very case of the Maharashtra authorities is that some among the many 17 victims have given statements beneath Section 161, Cr.P.C. and a few others beneath Section 164 Cr.P.C., particularly stating that the respondent was knowledgeable of the sexual assault on them.

“When that be the position, we have no doubt that the high court should not have embarked upon an enquiry, especially by looking into the statements of the victims recorded as also their teacher to form an opinion regarding the availability of evidence to connect the respondent with the crime,” it stated.

The bench added: “To achieve the avowed purpose, a legal obligation for reporting of offence under the POCSO Act is cast upon a person to inform the relevant authorities specified thereunder when he/she has knowledge that an offence under the Act had been committed. Such obligation is also bestowed on a person who has apprehension that an offence under this Act is likely to be committed.”

Justice Ravikumar, who authored the judgment on behalf of the bench, stated immediate and correct reporting of the fee of offence beneath the POCSO Act is of utmost significance and so they haven’t any hesitation to state that its failure on coming to know concerning the fee of any offence thereunder would defeat the very function and object of the Act.

“We say so taking into account the various provisions thereunder. Medical examination of the victim as also the accused would give many important clues in a case that falls under the POCSO Act,” stated the bench.

“Prompt reporting of the commission of an offence under POCSO Act would enable immediate examination of the victim concerned and at the same time, if it was committed by an unknown person, it would also enable the investigating agency to commence investigation without wasting time and ultimately to secure the arrest and medical examination of the culprit,” it added.

In the case, the Superintendent of the hostel and 4 others have been arrested and arraigned as accused within the crime. During the investigation, it was discovered that 17 minor women have been abused by the accused and a medical practitioner appointed for remedy of women admitted to the ladies’ hostel.

The investigation revealed that the physician had information concerning the incidents that occurred, from the victims themselves because the sufferer women revealed of their statements, recorded beneath Section 161 of Cr.P.C..