The Gujarat High Court recently raised significant concerns regarding the delay in invoking charges under the Protection of Children from Sexual Offences (POCSO) Act in a case involving a sexual offence against a minor.
The case dates back to January 2016, when a 15-year-old girl from Mehsana, Gujarat, filed a complaint accusing four individuals of outraging her modesty. However, despite the victim being underage, the charges were initially framed under the Indian Penal Code (IPC), overlooking the fact that she was a minor.
The investigation proceeded with IPC charges, and the trial began in Mehsana before a Judicial Magistrate First Class. In 2018, the victim provided her testimony, confirming her age at the time of the alleged offence. However, it wasn’t until 2024, when the trial was nearly complete, that the public prosecutor pointed out that POCSO provisions should have been applied. This led to the transfer of the case to a special sessions court and the addition of the relevant POCSO charges.
As a result, a warrant was issued for the accused, who then approached the Gujarat High Court to challenge the belated application of POCSO charges and to request the quashing of the FIR and the case.
Justice Sandeep Bhatt sought explanations from the public prosecutors, investigators, and the court regarding the oversight. After reviewing their responses, the judge observed that neither the public prosecutor nor the trial court had recognised the victim’s age as a critical factor in the case. Additionally, the defence failed to raise the issue at the trial level. The High Court expressed its dissatisfaction with the investigating agency’s lack of thoroughness, describing the investigation as being conducted in a mechanical manner.
While the High Court refused to quash the case, it allowed the accused to address their concerns before the POCSO court.
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