Molestation Case: Gujarat HC Slams Delay In POCSO Act Invocation

The Gujarat High Court has sharply criticized the police and prosecution for invoking the Protection of Children from Sexual Offences (POCSO) Act against four men in a molestation case, eight years after the FIR was filed and when the trial was nearing completion.

In an order issued last week, Justice Sandeep Bhatt observed that despite the victim’s clear statement in 2018 that she was 15 years old at the time of the incident, neither the assistant public prosecutor nor the presiding officer took appropriate action. The court pointed out that both the investigating agency and the prosecution had failed to discharge their duties properly and had not applied their minds adequately, which led to unnecessary delays in the case.

The victim had lodged a complaint in Mehsana town in 2016, accusing four men of molesting her in January of that year. The accused were charged under sections of the Indian Penal Code (IPC) related to outraging modesty and intentional insult, but no charges under the POCSO Act were invoked, despite the victim’s age at the time of the crime.

Case History

In 2024, the accused filed a petition with the high court, seeking to quash the proceedings arising from the FIR and the Judicial Magistrate First Class (JMFC) court’s decision to amend charges to include sections 11 and 12 of the POCSO Act. While the high court declined to quash the case, it allowed the petitioners to raise the issue before the POCSO court during the next stage of proceedings.

The court observed that the investigation had failed to acknowledge the victim’s age, which should have been a key factor in determining the appropriate charges. “Prima facie, it transpires that the investigating agency as well as the prosecution and to some extent, the presiding officer have failed in discharging their duties in an appropriate manner,” the court remarked.

The court further criticized the investigating agency and prosecution for their lack of diligence, noting that their failure to act promptly had led to a waste of time for both the investigators and the court. The court found no error in the trial court’s decision to invoke the POCSO Act but allowed the petitioners to challenge this during further proceedings.

The court also issued a directive to higher authorities to review the case and take steps to prevent similar incidents in the future. It instructed that the order be forwarded to the Director General of Police, the Home Secretary, the Law Secretary, and the Registrar General of the High Court for necessary action.

Court’s ruling highlights concerns over the casual approach of the investigation and the need for a more proactive and thoughtful application of the law in cases involving minors.

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