Gujarat HC criticizes Authorities for delayed use of POCSO Act in 8-year-old case

The Gujarat High Court has criticized the police and prosecution for their delay in applying the Protection of Children from Sexual Offences (POCSO) Act in a molestation case. This delay occurred eight years after the initial complaint, and the trial was nearing its end. Justice Sandeep Bhatt, in an order passed last week, pointed out that the victim had clearly mentioned in her 2018 testimony that she was 15 years old when the incident happened. However, no action was taken by the assistant public prosecutor or the presiding trial officer.

Case details and observations

The victim filed a complaint in 2016 in Mehsana town, accusing four men of outraging her modesty in January of that year. Although the victim was 15 years old during the incident, the initial charges did not include sections of the POCSO Act. Instead, the accused were charged under sections of the Indian Penal Code related to outraging modesty and intentional insult.

The oversight came to light when the Judicial Magistrate First Class court amended the charges in July 2024 to include Sections 11 and 12 of the POCSO Act. Following this, the accused approached the Gujarat High Court, seeking to quash the proceedings and the amended charges. The High Court, however, declined to dismiss the case but allowed the accused to raise their objections during further proceedings in the POCSO court.

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High Court’s criticism

The court criticized the investigating agency, prosecution, and presiding officer for failing in their duties. It noted that the victim’s age was not properly considered during the investigation and the filing of the chargesheet. The court described the investigation as mechanical and lacking proper application of mind, leading to unnecessary delays and wastage of time from 2016 to 2024.

Justice Bhatt also stated that the trial court’s decision to include the POCSO Act in the charges was justified. However, the High Court emphasized the need for systemic improvements to avoid similar mistakes in the future. The court directed senior authorities, including the Director General of Police, Home Secretary, Law Secretary, and the Registrar General of the High Court, to examine the issue and take necessary steps to prevent such delays in other cases.

The High Court’s order highlighted the need for accountability within the justice system. It instructed the concerned authorities to investigate whether similar issues are occurring elsewhere in the state and to implement corrective measures. The court also expressed hope that the accused, if found not at fault, would be able to seek legal remedies.

This case underscores the importance of diligent investigations and timely application of relevant laws to ensure justice for victims, particularly minors, in sensitive cases.