'Non-reporting of sexual assault against minor despite knowledge serious crime'

The nonreporting of sexual assault against a minor despite knowledge is a serious crime and an attempt to shield the offenders the Supreme Court said on WednesdayThe apex court said prompt and proper reporting of commission of offence under the Protection of Children from Sexual Offences POCSO Act is of utmost importance and the failure to do so would defeat the very purpose and object of the lawThe top court set aside the Bombay High Courts judgement of April last year quashing an FIR and the charge sheet regarding a medical practitioner who allegedly did not inform the authority about sexual assault against several minor girls at a hostel despite having knowledge about itA bench of Justices Ajay Rastogi and C T Ravikumar observed it is true that the FIR and the charge sheet still remain in respect of other accused in the caseBut then nonreporting 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 the bench said in its 28page judgementThe apex court delivered its verdict on an appeal filed by the state of Maharashtra through the police against the high court judgementAlso Read SC dismisses plea against Justice Chandrachud terms it misconceivedThe bench while referring to a previous verdict delivered by the top court noted it was observed in the judgement that 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 appellantEven 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 has been throttled at the threshold by the exercise of power under section 482 of the Code of Criminal Procedure 1973 CrPC 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 the bench saidSection 482 of the CrPC deals with inherent powers of the high courtThe apex court observed that FIR in the matter came to be registered on the accusation of commission of sexual offences against minor tribal girls who were students of a school in Rajura and were residing in its girls hostelIt noted that the medical practitioner on whose plea the high court had delivered the verdict was arraigned as the sixth accused in the case essentially for the alleged failure to report the commission of offence under the POCSO Act in compliance with the legal obligation under the provision of the lawThe bench also noted that during the investigation it was found that 17 minor girls were allegedly abused and the medical practitioner was appointed for treatment of girls admitted to the hostelIt said the case of the police is that some among the 17 victims have given statements that the medical practitioner was informed of the sexual assault on themThe top court observed that exercise of power under section 482 of the CrPC is an exception and not the rule and it is to be exercised to do real and substantial justice for the administration of which alone courts existThe bench said provisions of the POCSO Act would reveal that it also aims to ensure that such offenders are not spared and should be properly bookedTo achieve the avowed purpose a legal obligation for reporting of offence under the POCSO Act is cast upon on a person to inform the relevant authorities specified thereunder when heshe has knowledge that an offence under the Act had been committed it saidThe bench said medical examination of the victim as also the accused would give many important clues in a case that falls under the POCSO ActThere can be no two views that in relation to sexual offences medical evidence has much corroborative value it saidIt said if the FIR and the materials collected during the probe discloses the commission of a prima facie case under provisions of the POCSO Act the truthfulness sufficiency or admissibility of the evidence are not matters falling within the purview of exercise of power under section 482 of the CrPC and undoubtedly they are matters to be done by the trial court at the time of trialWhile allowing the appeal it said the high courts verdict resulting in the quashing of FIR and charge sheet iquestthrottling the prosecutioniquest at the threshold without allowing the materials in support of it to see the light of the day cannot be said to be as an exercise done to secure interests of justiceThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever