‘Pocso says report child sexual abuse if you have knowledge, doesn’t ask you to investigate’

MAROTI PIMPALKAR WAS BOOKED IN CONNECTION WITH ABUSE OF THE SCHOOLGIRLS AT A HOSTEL IN 2019

MUMBAI: The Bombay high court’s Nagpur bench last week struck down the prosecution of a doctor from Chandrapur district for failing to report child sexual abuse to the authorities after treating two minor rape survivors. It said the Protection of Children from Sexual Offences Act obliges reporting of child sexual abuse only if one has knowledge of such offences. It does require a person to investigate and gather knowledge, it added.

A division bench of justices

ZA Haq and Amit Borkar said it was clear from the wording of the law that it imposes a legal obligation on a person to inform the authorities in case of knowledge that an offence under it has been committed. It said the expression used is “knowledge” which means some information received by such person about the commission of a crime, and that is when it is required to report the authorities. “There is no obligation on such person to investigate and gather knowledge,” said the bench.

Maroti Pimpalkar was booked in connection with abuse of the schoolgirls at a hostel in 2019. During the investigation, the police found the two girls were first treated by the 72-year-old doctor, but he did not report the matter to the police and was named an accused.

The court said the material on record did not indicate the doctor was informed about sexual assault when they were taken to him for treatment. It added the crime came to light only when the girls were shifted to the hospital as their condition deteriorated. “There is no material on record to show that the applicant [doctor] was made aware about the sexual assault...,” the court said. “On the contrary, from the statement of the teacher of victims, it appears that the sexual assault was detected only in General Hospital, Chandrapur.”