NEWS: Lack of Professionalism is Writ Huge in Probes in POCSO Cases: Kerala High Court to Question Directives

By Legal Wires 7 Minutes Read

A lack of professionalism is writ significant in the inquiries of Protection of Children from Sexual Offences Act (POCSO) cases, the Kerala High Court remarked on Friday.

Justice PB Suresh Kumar, while contemplating a criminal appeal, said that the Absence of professionalism is writ large in the inspections. Fundamental flaws such as, not accumulating legal proof to demonstrate the age of the victim for the need of awareness as to the significance of such evidence have happened to notice of this Court, not in one, but several cases.

He further continued that he would concern some general standards concerning investigation & Hearing of Protection of Children from Sexual Offences Act (POSCO) cases. The Court released a notice to State Public Prosecutor & also the Kerala State Legal Services Authority while publishing the case to August 25. The Court said that it is anxious about the value of the justice supply in this field. The Court made these remarks after it noted that the rules devised by the state as early as in April 2015 are not accessible in the public domain. The Court said that POCSO cases are being explored by police officers who are not notified or trained to deal with children & their family members in a child confidential manner.

Lack of professionalism is writ significant in the inquiries. Fundamental failings such as not accumulating legal proof to prove the age of the victim for the need of understanding as to the relevance of such testimony have come to notification of this Court, not in one, but numerous cases. The Court said that though rules mandate it, data are not collected to determine the sexual abuse through social indicators, or to describe the trauma-induced counter instinctive behavior of the victim. The Judge also said that no method is being implemented by investigating agency to cross-check the validity of statements, including exposing the children to psychological/psychiatric consultations. The Court included that, despite the Guideline that a lawyer should be offered for the child, no lawyer is seen involved by the child in any trials under POCSO Act.

Kerala police plunge POCSO Act against BJP leader alleged of sexual assault on schoolgirl, court permits bail-

After the Kerala police unsuccessful in appealing sections of the POCSO Act against local BJP spearhead Kuniyil Padmarajan in the sexual abuse case of a ten-year-old girl, he was decided bail by a court in Thalassery in Kannur district evening on Thursday. Padmarajan was also the Class four girl’s instructor. The girl had said that the man had sexually assaulted her after asking her to the school on vacation. The accused was alleged under sec—82 of the Juvenile Justice Act. The prosecution suggested that the inquiry into the alleged sexual abuse was on, & that the police were investigating scientific proof. Judge M Thushar accorded him bail on terms of 2 bonds and a bond of Rs 1 lakh. The Court also instructed him to relinquish his passport. This comes 2 days after the Crime Branch, which is investigating the case, accepted a charge sheet in the Court. Padmarajan, who is the head of BJP’s Thrippangottur local board near Palathayi in Kannur, was detained in April. He had sexually assaulted the girl numerous times in the school & had warned her not to divulge the abuse

The 2012 POCSO Act is a law that seeks to protect children from the crimes of sexual assault, sexual harassment & pornography while protecting the activities of the child at each stage. The minimum sentence for exacerbated sexual harassment of a child is 5 years. However, sec. 82 of the JJA is for bodily punishment. Under this, any human in-charge of or engaged in a child-care institution that issues a child to corporal punishment is liable for 3 months sentence or fine or with both. Though the Kannur police detained him under sec. 376[1] of the IPC and Section 5[2], & Section 6[3] of the POCSO Act, the Crime Branch, which took over the inquiry, submitted a charge sheet in the Court without POCSO charges. Congress MLA VT Balram suspected that the Kerala police was trying to safeguard the BJP leader. He got to social media to state that though health examinations revealed that the girl was sexually abused, police declined to charge the alleged under the sections of the POCSO Act. Numerous other rival parties also criticized the government.

[1] Punishment for rape
[2] Aggravated penetrative sexual assault
[3] Punishment for aggravated penetrative sexual assault