JUSTIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner in W.P(C) is the accused in S.C. No. 590 of 2016 of the Additional Sessions Court-I, Thrissur. He faces prosecution for offences punishable under sections 3(a), 5(b), 5(i), 5(m), 5(o), 5(u), 4, 5 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short, "POCSO Act "), section 23 of Juvenile Justice (Care and Protection of Children) Act, 2000 and Section 201 of Penal Code, 1860.

(2.) The crux of the prosecution allegation was that the petitioner being the caretaker of an orphanage, sexually assaulted three inmates of the orphanage. On the basis of the information laid, Crime No. 689 of 2015 was registered by the Koratty Police. After investigation, final report was laid. According to the petitioner, he is absolutely innocent of the crime, that a close relative of the victim had assaulted them and he has been wrongly roped in. Petitioner challenges his prosecution, mainly on the ground that sections 29 and 30 of the POCSO Act are unconstitutional, infringes his valuable right of defence and violative of Articles 14, 19, 20(3) and Article 21 of the Constitution of India. He prayed for striking down sections 29 and 30 of the POCSO Act as arbitrary and infringing Constitutional provisions.

(3.) In Crl.M.C. No. 3104 of 2018, petitioner is the sole accused in S.C. No. 1097 of 2017 pending before the Additional District Court (POCSO Court), Ernakulam, for offences punishable under sections 9(e) and 10 of POCSO Act, 2012. The petitioner is a Physiotherapist by profession. The prosecution allegation was that, on 20.06.2016 at about 11.30a.m, while the first respondent/victim was undergoing physiotherapy in the clinic of the petitioner, the accused made the victim to touch his private part, over his dress. She laid the complaint on 14.11.2016, pursuant to which FIR No. 1089 of 2016 was registered by Infopark Police. After investigation, final report was laid and the petitioner is facing prosecution.