Case Note & Summary
The applicant, Nishant Harishchandra Salvi, was prosecuted for offences punishable under Section 354A of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act (POCSO Act). The prosecution alleged that the applicant, working as a field officer at Apnalaya Sanstha, molested and outraged the modesty of a victim girl who attended free coaching classes conducted by the sanstha. An FIR was registered, charge-sheet filed, and trial commenced. After recording the statement of the accused under Section 313 of Cr.P.C., the trial court found that it was not a case of no evidence and called upon the accused to enter his defence. At that stage, the applicant filed an application seeking directions to call for a report under the Probation of Offenders Act, 1958. The Special Judge under the POCSO Act rejected the application, holding that the Probation of Offenders Act is not applicable to POCSO cases. The applicant then filed a criminal revision application under Section 482 of Cr.P.C. before the Bombay High Court. The High Court considered the submissions and held that the POCSO Act does not contain any provision barring the application of the Probation of Offenders Act. The Court noted that Section 4(1)(2) of the Probation of Offenders Act empowers the court to call for a report from the probation officer at any stage after conviction or before sentencing. The Court found that the Special Judge's order was erroneous and set it aside, allowing the revision application and directing the Special Judge to consider the application afresh.
Headnote
A) Criminal Law - Probation of Offenders Act - Section 4(1)(2) - Applicability to POCSO Act - The issue was whether a Special Judge under the POCSO Act can call for a probation officer's report under Section 4(1)(2) of the Probation of Offenders Act, 1958. The Court held that the POCSO Act does not contain any provision barring the application of the Probation of Offenders Act, and therefore, the Special Judge can call for such a report at any stage after conviction or before sentencing. The revision application was allowed, and the impugned order was set aside. (Paras 2-5)
Issue of Consideration
Whether the Special Judge under the POCSO Act can call for a report of the probation officer under Section 4(1)(2) of the Probation of Offenders Act, 1958, in a case under the POCSO Act.
Final Decision
The revision application is allowed. The impugned order dated 18th June 2018 passed by the Special Judge under the POCSO Act is set aside. The Special Judge is directed to consider the application afresh in accordance with law.
Law Points
- Probation of Offenders Act
- 1958
- Section 4(1)(2) applies to POCSO Act cases
- POCSO Act does not bar calling of probation report
- Special Judge can call probation report at any stage after conviction or before sentencing
