ROSAMMA JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners herein are accused nos. 2 and 3 in Crime No.422/2019 of Alappuzha South Police Station, which is now pending before the Special Court under the POCSO Act, Alappuzha as S.C.No.666/2020. The petitioners seek quashment of the said crime on various counts. The offences alleged are under Sec. 21(1), read with Sec. 19 of the POCSO Act, 2012.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor on behalf of the respondents. Perused the records.

(3.) Learned counsel for the petitioners submit that for attracting the offence under Sec. 21(1) of the POCSO Act, there should be failure on the part of the person/accused to report the commission of offence as enjoined by Sec. 19 of the POCSO Act. Referring to Sec. 19, learned counsel would submit that there is no mandate that such crime shall be reported 'forthwith'. In the instant case, the incident occurred on 7/3/2019 and the same was reported by the petitioners (accused nos. 2 and 3) on 11/3/2019. There was neither any failure to report the incident; nor was there any serious delay in such reporting. Therefore, the offences sought to be canvassed against the petitioners will not lie, is the short submission made by the learned counsel for the petitioner. On facts, it was explained that the incident allegedly took place on 7/3/2019 and the same was reported by the parents of the victim on the same day. The school centenary celebration stood scheduled to 8/3/2019, which was a Friday. 9 th and 10th of March, 2019 being Saturday and Sunday, were holidays. The matter was reported to the Child Line on the next working, that is Monday. On such premise, the learned counsel would submit that there is no serious delay in reporting the matter.