Case Note & Summary
The petitioner, Smt. Thahseen Begum @ Tasi, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the proceedings in Spl.Case No.17/2022 arising out of Crime No.71/2017 registered at Ulsoor Police Station, Bengaluru. The case was registered for offences punishable under Sections 323, 342, 109 of the Indian Penal Code (IPC) and Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The complainant, Smt. Susmitha Nanda Das, was the mother of a five-year-old child who was studying in the Nursery section of East Wood School. The allegations were that the petitioner, who was the mother of another child, slapped the victim child and wrongfully confined her. The petitioner argued that the allegations did not disclose any sexual intent or sexual assault, and therefore the provisions of the POCSO Act were not attracted. The High Court, after hearing the learned counsel for the petitioner and the High Court Government Pleader, examined the complaint and found that the allegations only pertained to slapping and wrongful confinement without any sexual overtone. The court held that for an offence under Sections 11 and 12 of the POCSO Act, there must be a clear sexual intent, which was absent in this case. Consequently, the court quashed the proceedings insofar as they related to the POCSO Act, but left it open for the prosecution to proceed under the IPC if they so chose. The petition was allowed in part.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Inherent Powers - The High Court can quash criminal proceedings if the allegations do not constitute any offence and continuing the proceedings would be an abuse of the process of the court. (Para 6) B) Protection of Children from Sexual Offences Act, 2012 - Sexual Assault - Sections 11 and 12 - Sexual Intent - For an offence under Sections 11 and 12 of the POCSO Act, there must be a clear sexual intent or sexual overtone in the alleged act. Mere slapping and wrongful confinement without any sexual element do not attract the provisions of the POCSO Act. (Paras 5-6) C) Indian Penal Code - Offences - Sections 323, 342, 109 - Assault and Wrongful Confinement - The allegations of slapping and wrongful confinement may constitute offences under the IPC, but the petitioner was not charged under those sections in the special court; the proceedings under the POCSO Act were quashed, and the matter was left open for the prosecution to proceed under the IPC if so advised. (Para 6)
Issue of Consideration
Whether the proceedings under the POCSO Act can be sustained when the allegations do not disclose any sexual intent or sexual assault, and whether the continuation of such proceedings amounts to an abuse of the process of the court.
Final Decision
The High Court allowed the writ petition in part and quashed the proceedings in Spl.Case No.17/2022 insofar as they relate to the offences under Sections 11 and 12 of the POCSO Act. The court left it open for the prosecution to proceed under the IPC if they so choose.
Law Points
- Quashing of criminal proceedings
- POCSO Act
- Sexual intent
- Section 11 POCSO
- Section 12 POCSO
- Inherent powers under Section 482 CrPC
- Abuse of process of court
