The Supreme Court on Wednesday said that the non-reporting of a sexual assault against a minor despite having knowledge about the same is a serious crime and more often than not, it is an attempt to shield the offenders of the crime.
The top court allowed an appeal by the Maharashtra government against a Bombay High Court order which quashed criminal proceedings initiated against a doctor for failure to report the sexual exploitation of 17 minor girls of tribal origin at a school in Chandrapur in 2019.
A bench of Justices Ajay Rastogi and C T Ravikumar said it was absolutely impermissible for the High Court to arrive at the finding of absence of evidence to implicate Dr Maroti in the crime in question, upon going through the statements of the victims and also the statement of the teacher.
The apex court noted as per the police charge sheet, Dr Maroti was appointed for the treatment of the girls and was aware of the sexual assault but had failed to report it to the authorities concerned. The sexual exploitation came to light after the girls, studying in classes III and V, fell ill and were taken to a general hospital.
The bench pointed out that the POSCO Act was enacted with the avowed objective to protect children from exploitation and it has cast a legal obligation for reporting of the offence.
"Prompt and proper reporting of the commission of offence under the POCSO Act is of utmost importance and we have no hesitation to state that its failure on coming to know about the commission of any offence would defeat the very purpose and object of the Act. We say so taking into account the various provisions, such as medical examination of the victim, as the accused would also give many important clues in a case that falls under the POCSO Act," the bench said.
The court also pointed out that prompt reporting would enable immediate examination of the victim concerned and at the same time, if it was committed by an unknown person, it would also enable the investigating agency to commence investigation without wasting time and secure the arrest and medical examination of the culprit promptly.
In the case, the superintendent of the hostel and four others, namely, Narendra Laxmanrao Virulkar, Sau Neeta alias Kalpana Mahadeo Thakare, Sau Lata Madhukar Kannake, and Venkateswami Bondaiyaa Jangam were arrested. During the investigation, it was found that 17 minor girls were abused by the accused.