Delayed Transfer to POCSO Court After 8 Years of Trial: Court Highlights Investigative Lapses.
24 December 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law | Criminal Trial >> Criminal Law
This petition was filed to quash the proceedings of FIR No. 11 of 2016 (registered at B-Division Police Station, Mahesana) involving offences under Sections 354, 504, 427, 114 of the IPC, along with added Sections 11 and 12 of the POCSO Act. The petitioners challenged the trial court's decision to amend the charges to include POCSO Act provisions after 8 years, arguing that this delay prejudiced their rights.
On December 18, 2024, the Gujarat High Court ordered the concerned authorities to clarify why the charges were amended so late, considering the victim was 15 at the time of the incident. Reports from the trial court and investigating officers revealed that the victim’s age was known but not acted upon in earlier stages. The High Court found that despite these lapses by the investigation agency and prosecution, the trial court’s decision to amend the charges was not erroneous.
The court emphasized that the delay caused by the failure to apply the POCSO Act provisions earlier was a result of neglect at multiple levels of the judicial process. It also called for systemic improvements to prevent similar future occurrences. The petition was disposed of with the petitioners’ rights to challenge the decision during further proceedings in the POCSO court. The court directed that its observations be shared with relevant authorities to ensure accountability in similar cases.
Section 114., Indian Penal Code - 1860
Section 354., Indian Penal Code - 1860
Section 427., Indian Penal Code - 1860
Section 504., Indian Penal Code - 1860
Section 12, Protection of Children from Sexual Offences Act - 2012