The Gujarat High Court recently voiced serious concerns over the delay in filing charges in a case involving a sexual offense against a juvenile under the Protection of Children from Sexual Offences (POCSO) Act.
In January 2016, a 15-year-old girl from Mehsana, Gujarat, filed a complaint alleging that four people had insulted her modesty. But even though the victim was a kid, the accusations were first filed under the Indian Penal Code (IPC), regardless of her age.
IPC charges were brought forward during the investigation, and a Judicial Magistrate First Class heard the case at Mehsana. The victim testified in 2018 and attested to her age at the time of the alleged offense. However, the public prosecutor didn’t bring up the fact that POCSO regulations ought to have been used until 2024, when the trial was almost finished. As a result, the case was moved to a special sessions court, and the pertinent POCSO charges were added.
The accused then petitioned the Gujarat High Court to contest the late filing of POCSO charges and to have the FIR and case quashed after a warrant was issued for them.
Justice Sandeep Bhatt asked the court, investigators, and public prosecutors to explain the oversight. Upon examining their answers, the judge noted that the victim’s age was not acknowledged as a crucial element in the case by either the trial court or the public prosecutor. Furthermore, the defense did not bring up the matter throughout the trial. The High Court described the investigation as being carried out in a mechanical fashion and voiced its displeasure with the investigative agency’s lack of thoroughness.
The accused was given the opportunity to voice their concerns before the POCSO court, even though the High Court declined to dismiss the case.
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