Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Protection of Children from Sexual Offences Act 2012 – s.19(1) r/w. s.21(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Protection of Children from Sexual Offences Act, 2012 (32 of 2012) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Protection of Children from Sexual Offences Act, 2012 –s.19(1) r/w. s.21(1) – Prosecution case was that victim was rapedwhen she was minor – As a result, she became pregnant andthereafter delivered a child in hospital – A case was registeredagainst the appellants u/s. 201 r/w. s.34 and s.19(1) r/w. s.21(1) ofPOCSO Act – Appellant nos. 1 & 2 were medical practitioners andappellant no.3 was a Hospital administrative – Allegation was thatwhen victim was brought to the hospital her age was recorded as 18years and appellants ought to have gathered that at the time ofconception she was less than 18 years, and informed relevantauthorities, which they failed to do – Held: u/s.19(1) of the Actthere is no obligation on the person to investigate and gatherknowledge – The medical records showed that appellant no.1attended victim first time when the child was delivered and recordsstated she was 18 years of age at that time – Appellant no.1 did notknow that the victim was minor when she had sexual intercourse –Appellant no.2 had not even examined the victim and had justadvised that child be given to the mother – Appellant no.3, beingthe administrator of the hospital it was not possible for her to beaware of the details of each patient – The knowledge requirementfoisted on the appellants cannot be that they ought to havededucted from circumstances that an offence has been committed –No evidence to implicate the appellants – Thus, proceedings againstappellants quashed – Penal Code 1860 – s.201 r/w. s.34. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 667 |
Petitioner | Dr. Sr. Tessy Jose And Others |
Respondent | State Of Kerala |
SCR | [2018] 9 S.C.R. 479 |
Judgement Date | 2018-08-01 |
Case Number | 961 |
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