Court seeks to prosecute woman for failing to report daughter’s sexual assault

Expressing utter displeasure over the inaction of the police in prosecuting a city resident for failing to report the sexual exploitation of her minor daughter by her husband and two of his friends to the police, a special Pocso (Protection of Children from Sexual Offences Act, 2012) court has asked concerned police to file charge- sheet against the woman.

Special Pocso judge SC Jadhav noted in the judgement that in the chargesheet filed against the three convicts, the survivor’s mother against whom Section 21 of the Pocso Act was invoked, was reported to be absconding and therefore, the investigating officer had filed a chargesheet only against the three convicts.

The court also noted that for conducting panchanama, when the police officer visited the house of the survivor’s father, the mother was present at home, but the prosecution examined the woman as a prosecution witness.

For the testimony, the court said, she was produced on a production warrant, as she was

Pin jail in connection with another crime, but was not proceeded against in this pertaining case.

“Even while recording the evidence of the IO, they did not bother to take further steps against this accused,” said the court, adding that she was never put up for trial.

According to the police, the survivor was found wandering at Chhatrapati Shivaji Maharaj Terminus station on July 10, 2018, and was sent to the Children’s Home at Dongri, where she disclosed to the police that she was ravished by her father multiple times between April and June 2018, and subsequently also by two of his friends.

She said she had informed her mother about it on June 17, 2018, but her mother not only ignored her ordeal but also abused her, because of which she left her home three days later.

Based on her complaint, the Wadala TT police station had registered an offence under relevant sections of the POCSO Act and the Indian Penal Code.

The charge sheet filed by the police named the woman also as an accused in the case for failure on her part to report her minor daughter’s sexual abuse to the police, the mother was shown absconding, but no further steps were taken against her, though the prosecution examined her as a witness in the case against her husband and his two friends.

Failure to report sexual abuse of a child is punishable under section 21 of the Pocso Act with an imprisonment for up to six months or fine or both.

The special court had on Wednesday convicted the father of the minor and both his friends who too sexually assaulted the minor, and sentenced them to 20 years imprisonment and fine of ₹ 10,000 each.

Even while recording the evidence of the IO, they did not bother to take further steps against this accused

COURT