Bombay HC upholds POCSO charge against director after rape in school
The Bombay High Court has upheld charges under the stringent Protection of Children from Sexual Offences (POCSO) Act, 2012, against the director of a trust operating an Ashramshala in Satara for not reporting a case of rape of a minor girl in the school to the police.
The court refused to endorse the order by a single judge of Chhattisgarh High Court to the effect that it is initially for the prosecution to establish commission of the main offence before a person is charged under the POCSO Act for making a person liable for punishment for failure to report or record a case (in case of an institution or company).
Pointing to the fact that the director knew of the commission of the offence, Justice A M Badar said: “If such a view is accepted, then, it will not only defeat the very object of enactment of the POCSO Act to protect the child from sexual offences, but it will also violate the provisions in the POCSO Act, which provides that the child should not be called repeatedly to testify in the court. In this view of the matter, there is no case for interference,” said Justice A M Badar.
An Additional Sessions Judge had passed orders for framing of charges under various Sections for punishment or failure to report or record a case under the POCSO Act and sections of the Indian Penal Code which was challenged by the director by filing a revision petition. According to the petition, the victim was studying in a residential school while the main accused was working as the cook in the school. The prosecution alleged that on September 11, 2015, because of her ill-health, the victim instead of attending her classes stayed in her room. The cook allegedly raped her by taking her to the bathroom.
The child reported the incident to the director of the Trust running the school. However, instead of reporting the matter to the police, he insisted that the relatives of the victim should settle the matter over a cup of tea in order to prevent defamation of the school.
“There is enough material to come to the conclusion that the applicant had the knowledge that the offence punishable under the POCSO Act has been committed in the school. The applicant who happens to be the director of the trust managing that school, instead of reporting the matter to the Special Juvenile Police Unit or to the local police, insisted that the victim and relatives settle the matter,” said the court. “According to the mandate of Section 19 (reporting of offences) of the POCSO Act, he was enjoined with the duty to report the matter to the police.”
The advocate appearing for the applicant placed reliance on the order by the Chhattisgarh High Court arguing that initially the prosecution is obliged to prove the commission of the offence against the original accused in order to file a chargesheet against the applicant.
The court, however, held that the accused could be tried together as prescribed under Code of Criminal Procedure which stated that persons accused of different offences committed in the course of same transaction can be charged and tried together. The pubic prosecutor had, meanwhile, said that if he is not charged it would violate the POCSO Act to the effect that the victim should not be called repeatedly before the court for testifying against the accused persons.
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