COURT ON ITS OWN MOTION Vs. STATE

JUDGEMENT

(1.) A Public Interest Litigation (PIL) was filed by one Tulir Charitable Trust, assailing the order dtd. 1/9/2023 [hereafter impugned order'] passed by the learned Additional Sessions Judge (Special Court-POCSO), Shahdara District, Karkardooma Courts [hereafter Sessions Court'] in SC 18/2022, whereby the respondent nos. 3 and 4 herein were discharged of offences under Sec. 15(2) of the Protection of Children from Sexual Offences Act, 2012 [hereafter POCSO Act']. Guidelines were also sought with respect to cases involving Child Sexual Abuse Material of unidentified child/children online or offline. The PIL came to be listed before the Division Bench-I.

(2.) By way of judgment dtd. 9/5/2024, the Division BenchI observed that the prayer seeking formulation of guidelines for the benefit of POCSO Special Courts dealing with cases involving Child Sexual Abuse Material of unidentified child/children was not required to be considered in the present case, as sufficient legal provisions already exist to deal with such situations. It was further noted that, vide the impugned order, the learned Sessions Court had held that the provisions of Sec. 15(2) of the POCSO Act could not be invoked against the accused persons in the absence of any criteria for determining the age of the children appearing in the pornographic videos and photographs. On that basis, the learned Sessions Court had discharged the said respondents of the offence under Sec. 15(2) of the POCSO Act. Division BenchI, after taking note of the scheme of the POCSO Act and certain judicial precedents, expressed a prima facie view that the findings recorded in the impugned order suffered from manifest illegalities and had resulted in miscarriage of justice.

(3.) Accordingly, the PIL was converted into the present suo motu revision petition and was thereafter listed before this Court. During the course of proceedings, the Union of India was deleted from the array of parties, and an amended memo of parties was placed on record. The trial court proceedings were stayed vide order dtd. 21/5/2024.