Counsel argues that POCSO Act accusations cannot be based solely on the contents of FIR – Dismissed by Haryana High Court
TITLE: Surjeet Khanna v State of Haryana
Decided On-:14.07.2023
CRM-M-4079-2023
CORAM: Hon’ble Justice Mr. harnaresh Singh gill
INTRODUCTION- The petitioner requests the dismissal of an initial police report (FIR) filed under Section 306 of the Indian Penal Code and Sections 6, 18, and 21 of the later-added Protection of Children from Sexual Offences Act of 2022 (the “POCSO Act”) in the district of Faridabad.
FACTS OF THE CASE-
The one who is filing the petition is the principal of the Delhi Public School in Greater Faridabad’s Sector 81. The unfortunate incident that resulted in the suicide of a young student in Class X-B due to the alleged harassment, bullying, and torture by his classmates/students of the School prompted the filing of the aforementioned FIR. When informed of the aforementioned harassment, bullying, or mental torture, the petitioner, who was in charge of the school in its entirety, did not respond as required by the POCSO Act. The complainant is an unfortunate mother whose world was turned upside down by her son’s premature death. This Court regrets that this unfortunate act occurred and sympathizes with the parents of the child.
COURT ANALYSIS AND DECISION
The senior attorney representing the petitioner would fervently argue that there is no instigation on the petitioner’s part; that a simple reading of the FIR’s contents and the very role played by the petitioner in resolving the situation by involving the parents of all the children (involved in the alleged incident), including the mother of the deceased child (complainant), would even strengthen the petitioner’s firmware that no ingredients of Section 107 were present.
On the contrary , the knowledgeable State Counsel contends that in accordance with the POCSO Act, the Petitioner, who was the Principal of the School at the Time, who, by virtue of her inaction, caused the death of a young person, cannot be heard pleading her false accusation.
Both counsels have relied their submissions on previous rulings of various Hon’ble courts. The court after having a holistic view of the arguments made by both parties came to view of stating i.e.
“The learned Senior Counsel for the petitioner’s argument that the petitioner cannot be tried under Section 21 of the POCSO Act in the absence of the children who were allegedly involved in the incident of harassment and bullying cannot be accepted for the simple reason that this Court cannot discuss the reasons why the aforementioned students left the School or their potential expulsion from the School in the current proceedings under Section 482 Cr.P.C. Nothing else has been emphasised. Given the foregoing, the present petition is hereby dismissed because it lacks merit.”
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Written by- Steffi Desousa