Case Note & Summary
The case involves a petition filed by the mother of a minor girl who was allegedly sexually assaulted at a Gurukul. The petitioner contended that the investigation was conducted in an undesirable manner, with the Investigating Officer lacking basic knowledge. She highlighted that the victim's name, address, and mobile number were disclosed in the charge-sheet, violating the confidentiality mandated by the POCSO Act. Additionally, the victim's statement was recorded at the police station, which is impermissible. The court summoned the Investigating Officer and the Superintendent of Police. Upon examining the case diary, the court found that it consisted of loose sheets, later stitched with black tape, and the handwriting appeared uniform, suggesting it was prepared in one go. The court observed that this was not a proper case diary as required under Section 172 CrPC (now Section 192 BNSS). The court expressed shock at the lackadaisical approach and total ignorance of legal provisions, especially those under the POCSO Act. The court directed the Superintendent of Police to ensure that investigations in POCSO cases are conducted by trained officers and that case diaries are maintained properly. The court also ordered that the victim's identity be kept confidential and that the charge-sheet be rectified to remove personal details. The matter was adjourned for compliance.
Headnote
A) Criminal Procedure - Case Diary - Maintenance - Section 172 CrPC / Section 192 BNSS - The case diary must be a bound volume with daily entries, not loose sheets or documents stitched with tape. The court held that the Investigating Officer's failure to maintain a proper case diary reflects lackadaisical approach and ignorance of law. (Paras 3-5) B) POCSO Act - Victim Identity - Confidentiality - Sections 4, 8, 17 POCSO Act - The name, address, and mobile number of the victim must not be disclosed in charge-sheet or investigation records. The court held that such disclosure is contrary to the spirit of the POCSO Act. (Para 2) C) POCSO Act - Investigation - Sensitive Handling - The statement of the victim under POCSO Act must not be recorded at the police station. The court held that the investigation must be carried out by officers with basic knowledge of the special Act. (Paras 2-3)
Issue of Consideration
Whether the investigation in a POCSO case was conducted properly, including maintenance of case diary and protection of victim's identity.
Final Decision
Court criticized the investigation, directed Superintendent of Police to ensure proper maintenance of case diary and sensitive handling of POCSO cases. Matter adjourned for compliance.
Law Points
- Maintenance of case diary under Section 172 CrPC/192 BNSS is mandatory
- not optional
- POCSO Act mandates confidentiality of victim identity
- Investigation in POCSO cases must be sensitive and by trained officers
- Statement of victim under POCSO must not be recorded at police station.
