The Supreme Court has clarified a critical legal principle under the Protection of Children from Sexual Offences (POCSO) Act, 2012: the phrase 'has knowledge that such an offence has been committed' in Section 19(1) includes awareness based on credible information received directly from the victim, even in the absence of direct evidence. This judgment underscores the statutory duty of individuals - particularly those in charge of institutions - to promptly report suspected offences under the POCSO Act, failing which they may face criminal liability under Section 21 of the Act.
Background & Facts
The Dispute
The appellant, the mother of an 8-year-old victim (Ms. XXX), filed an FIR (No. 01/2020) on 17.04.2020 alleging that her daughter was sexually assaulted by a juvenile in conflict with law (JCWL), a Class VIII student, in November 2019 at SRS School (a pseudonym). The victim reported the incident to her elder sister (Ms. BBB), who informed the Head Girl (Y S) of the school. The Head Girl, in turn, reported the matter to Smt. Linda Sema (Respondent No. 1), allegedly the Headmistress of the school. Instead of reporting the incident to authorities, the school authorities conducted an internal verification, during which they examined the victim’s private parts and found redness and swelling. Despite this, they decided not to disclose the incident to the victim’s parents or the police. The victim’s mother later discovered the incident and filed the FIR.
Key Facts
- Incident Date: November 2019 (exact date: 22.11.2019 as per investigation).
- FIR Date: 17.04.2020 (lodged by the appellant).
- Victim’s Age: 8 years (born 07.08.2014).
- JCWL’s Age: 16 years and 2 months at the time of the incident.
- Medical Examination: Conducted on 27.04.2020 at District Hospital, Seppa. The report noted watery vaginal discharge, swelling, redness, and rash around the labia, but no signs of recent sexual assault.
- School Authorities’ Actions:
- The victim was taken to Miss L S’s room for verification, where Linda Sema, Miss L S, Miss P D, and Miss Y S were present.
- The victim’s private parts were examined, and redness and swelling were observed.
- A meeting was held with the school principal (Shri ABL) and other staff, where it was decided not to disclose the incident.
- The victim and JCWL were placed under observation, and the school authorities concluded that nothing had happened.
- The school authorities instructed students not to disclose the incident to anyone.
Procedural History
- 17.04.2020: FIR lodged under Sections 376(AB) IPC, 201/107/506 IPC, and Section 6 of the POCSO Act.
- 29.05.2020: Police report submitted under Section 173(2) CrPC
