POCSO Act will apply to victims even after attaining majority if the sexual offence was committed when she was a minor

Ukkash F | Sastra School of Law, Tamil Nadu | 18th May 2020

Mondi Murali Krishna Versus Dumpa Hanisha Naga Lakshmi & 3 others 

FACTS OF THE CASE

The Andhra Pradesh HC made a significant decision ruling in favor of the victim. The facts of the case revolves around the victim girl who has entered the precincts of the University with a fond hope on her bright future has ended her life by committing suicide on account of the alleged sexual assault and sexual harassment to which she was subjected in the hands of the accused. The accused was seniors to the victim in the college. They tortured and sexually harassed her which subjected her to mental depression and agony. These incidents resulted in her committed suicide.

ISSUE

1. Whether Sections 8 and 12 of the POCSO Act goes against the accused as the deceased was a child below the age of 18 years at the time of commission of the said acts?
2. Whether the POCSO ACT will be applicable since she has committed suicide on the date when she was a major?

COURT’S OBSERVATION

The learned counsel on behalf of the respondents submitted that date of suicide cannot be taken into consideration to ascertain whether the deceased was a child or a minor at the time when she was subjected to sexual assault and sexual harassment in the hands of the accused. Further, he submitted that there was no report lodged by the victim girl during her life time or by any person on her behalf stating that the accused have committed the acts of sexual assault and sexual harassment against her and as such in the absence of any such report by the victim girl or any person on her behalf that there is no basis for taking cognizance of the case for the offence under the POCSO Act.

The counsels on behalf of the victim submitted that the impugned order returning the charge-sheet without taking the same on to the file to try the accused for the said offences under the POCSO Act is erroneous and unsustainable under law and thereby prayed to set aside the ruling of the I Additional District court which kept aside the POCSO ACT.

The court however ruled in favor the petitioners and made the accused punishable under POCSO ACT. when the facts of the case, as discussed supra, prima facie constitute the offences of sexual assault and sexual harassment as defined under Sections 7 and 11 of the Act as per the ingredients of the said Sections, without even considering the provisions of the POCSO Act and discussing the same, the learned I Additional District and Sessions Judge haphazardly arrived at an erroneous conclusion by a cryptic order and erroneously held that the facts of the case do not attract any offences under the POCSO Act.

CONCLUSION

This decision by the Andhra HC is welcoming and goes against all the odds. The significant decision puts light on all the difficulties women face in their life. A judgment to this effect was passed recently by a single Judge Bench comprising Justice Cheekati Manavendranath Roy.