Case Note & Summary
This appeal arises from a Special Leave Petition (Criminal) No. 4772 of 2024, filed by the mother of an eight-year-old minor victim of sexual assault. The appellant challenges the order dated 08.03.2022 passed by the Gauhati High Court, Itanagar Bench, in Criminal Revision Petition No. 6 of 2021, whereby the High Court affirmed the discharge order dated 19.02.2021 passed by the Court of Session, Bomdila, West Kameng District, Arunachal Pradesh. The case stems from an FIR No. 01 of 2020 lodged on 17.04.2020 at the Women Police Station, Seppa, alleging that the victim, a student of SRS School, was sexually assaulted in November 2019 by a juvenile senior student. The victim disclosed the incident to her elder sister, the Head Girl, and the school authorities, but the school allegedly suppressed the matter and warned students not to reveal it. The appellant took the victim to a district hospital on 07.04.2020, where a doctor confirmed signs of sexual assault. The police investigation under Section 173(2) CrPC led to the arrest of four school officials, while the juvenile accused evaded arrest initially but was later apprehended on 17.05.2020. The police report detailed statements of witnesses, victim's medical examination, and the school authorities' admission that they had kept the incident under observation but did not inform parents or police. The accused school staff were discharged by the trial court, and the High Court upheld the discharge. The present appeal is against that order. (Further details of the court's reasoning and final decision are not provided in the extracted text.)
Issue of Consideration
(Arising out of SLP Criminal No. 4772 of 2024)
Case Details
2026 LawText (SC) (07) 15
Criminal Appeal No. @SLP(Crl.) No(s). 4772/2024
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Nature of Litigation
Criminal appeal against a High Court order affirming the discharge of accused school staff in a POCSO case.
Remedy Sought
The appellant (victim's mother) seeks setting aside of the High Court order and revival of prosecution against the respondents.
Filing Reason
Aggrieved by the discharge of the school authorities who allegedly failed to report the sexual assault on her minor daughter and tried to suppress the incident.
Previous Decisions
Trial Court (Court of Session Bomdila) ordered discharge on 19.02.2021; High Court (Gauhati, Itanagar Bench) dismissed revision petition on 08.03.2022.
Judgment Excerpts
1. Leave granted.
2. This appeal is by a minor victim’s mother impugning an order of the High Court 1 dated 08.03.2022 in Criminal Revision Petition No.6 of 2021, whereby the discharge order passed by the Trial Court 2 dated 19.02.2021 has been affirmed.
3. A first information report 3 was lodged by the appellant on 17.04.2020, inter alia, alleging that on 07.04.2020, her daughter 4, aged 8 years, complained of pain in her private part.
4. The matter was investigated. During investigation, statement s of the victim; her sister; the Head Girl of the School; and few witnesses were recorded. Thereafter, the police report, dated 29.05.2020, was submitted under Section 173(2) of the Code of Criminal Procedure, 1973
Procedural History
FIR No. 01 of 2020 lodged on 17.04.2020 at Women Police Station, Seppa. Police report submitted on 29.05.2020. Trial Court discharged accused on 19.02.2021. High Court dismissed revision on 08.03.2022. Appeal to Supreme Court filed as SLP(Crl.) No. 4772/2024, later converted to Criminal Appeal.
Acts & Sections
- Indian Penal Code, 1860: Sections 376(AB), 201, 107, 506
- Protection of Children from Sexual Offences Act, 2012: Section 6
- Code of Criminal Procedure, 1973: Sections 161, 164, 91, 173(2)
