Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.482 – Quashing of F.I.R. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 – Quashing of F.I.R. and charge sheet – Non Reporting of Sexual Assault – FIR registered against unidentified person(s) on the accusation of commission of sexual offences against minor tribal girls who were residing in the girls’ hostel – Respondent is the medical practitioner who was appointed for treatment of the girls in the said girl’s hostel – He was arraigned as the sixth accused thereunder, essentially for the failure to report the commission of the offence under the POCSO Act, punishable u/s.21 (1) the POCSO Act – Respondent filed Criminal Application u/s. 482 seeking quashment of the FIR and the chargesheet to the extent they are against him – High Court quashed the FIR as also the charge sheet qua the respondent – Hence, the instant appeal – Held: Prompt and proper reporting of the commission of offence under the POCSO Act is of utmost importance – Failure to report on coming to know about the commission of any offence thereunder would defeat the very purpose and object of the Act – If FIR and the materials collected disclose a cognizable offence and the final report based on it reveal the ingredients to constitute an offence under the POCSO Act and a prima facie case against the persons named therein as accused, then the truthfulness, sufficiency or admissibility of the evidence are not matters falling within the purview of exercise of power under s.482 – High Court should not have embarked upon an enquiry, especially by looking into the statements of the victims and their teacher to form an opinion regarding the availability of evidence to connect respondent with the crime – In troth, those statements did mention about divulgation of sexual assault on them by victims to the respondent – High Court was not justified in bringing abrupt termination of the proceedings qua the respondent – There was prima facie case against the respondent for the offence – Protection of Children from Sexual Offence Act, 2012 – ss.19, 21 – Evidence Act – s.59 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – ss. 3(1)(w) , 3(2)(v) – Crime against children. Protection of Children from Sexual Offence Act, 2012: Object and Purpose – Held: Recognising the constitutional obligation and keeping in view the fundamental concept under Art.15 of the Constitution and also realizing that sexual offences against children are not adequately addressed by the existing laws, POCSO Act was enacted – The provisions thereunder would reveal that it also aims to ensure that such offenders are not spared and should be properly booked – 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. Code of Criminal Procedure, 1973: ss.161, 164 – Admissibility of – Statements recorded under s.161 are inadmissible in evidence and its use is limited for the purposes as provided under ss.145 and 157 of the Evidence Act, 1872 – As a matter of fact, statement recorded under s.164 can also be used only for such purposes – Evidence Act, 1872 – ss.145, 157. |
Judge | Hon'ble Mr. Justice C.T. Ravikumar |
Neutral Citation | 2022 INSC 1152 |
Petitioner | The State Of Maharashtra & Anr. |
Respondent | Dr. Maroti S/o Kashinath Pimpalkar |
SCR | [2022] 8 S.C.R. 821 |
Judgement Date | 2022-11-02 |
Case Number | 1874 |
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