Information Allowing Someone Identify Minor Victim Cannot Be Published: Andhra Pradesh HC Refuses To Quash POCSO Case Against Ex MLA
The FIR alleged ‘false propaganda’ by Chevireddy Bhaskar Reddy making statements to the media that a 15-year-old minor girl was raped.
Justice V.R.K. Krupa Sagar, Andhra Pradesh High Court
The Andhra Pradesh High Court dismissed a Petition to Quash a POCSO case against Ex MLA Chevireddy Bhaskar Reddy while reiterating that any information allowing someone to geographically personally identify the minor victim girl cannot be published.
The Court refused to quash an FIR under Section 23(1) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, Sections 352, 351(2), 196(1), 61(2), 353(1), 72(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), Section 67A of the Information Technology Act, 2000 and Section 3(1)(z)(zc) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
A Single Bench of Justice VRK Krupa Sagar held, “Question as to whether this petitioner is responsible for such news items or he was instrumental in any way for such news items is a matter for investigation and not a matter for decision in…Any information allowing someone to geographically and personally identify the minor victim girl cannot be published as per law.”
Advocate Srinivasula Reddy Kommasani represented the Petitioner, while Advocate Anand Kumar Kochiri appeared for the Respondents.
Brief Facts
According to the complaint lodged by the father of the minor girl, the Former MLA (Petitioner) made statements to the media while visiting the hospital where the girl was receiving treatment. These statements were allegedly recorded and subsequently telecast, potentially disclosing sensitive details about the girl.
The complaint also alleged that the media coverage resulted in the circulation of the girl’s photographs and created a situation that could harm the family’s privacy. The FIR was registered under Sections 153, 505(2), and 509 of the IPC, Sections 66 and 67 of the Information Technology Act, Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the SC/ST Act, and Section 23 of the POCSO Act.
Arguments Advanced By the Petitioner
The Petitioner argued that the allegations were politically motivated and sought the quashing of the FIR. It was argued that the present political Government with a view to wreak vengeance against the Petitioner who belonged to the opposition party, YSR Congress Party, maliciously instituted the case and therefore, it must be quashed.
Court’s Reasoning
The Court noted that the FIR alleged that the Petitioner without gaining the truth of the facts from the parents or the doctor took for himself and started telling that the girl was raped. The Bench further noted that as per the record, a crowd of people including persons wielding cameras were there when the Petitioner was in the hospital. “In such circumstances the attributed conduct falls within the conspectus of Section 23 of the POCSO Act,” it noted.
“In a properly conducted investigation if the material collected shows that accused alleged in the crime did not really commit any crime, the investigation officer would normally file a report praying the appropriate Court that there is no case for trial. However, this Court at this stage cannot be called upon to quash the case in such sensitive matters,” the Court remarked.
Accordingly, the High Court dismissed the Criminal Petition.
Cause Title: Chevireddy Bhaskar Reddy v. The State Of Andhra Pradesh & Ors.