GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTI versus STATE OF KARNATAKA & ORS.

Citation: [2022] 2 S.C.R. 925 · Decided: 21-03-2022 · Supreme Court of India · Bench: INDIRA BANERJEE · Disposal: Matter referred to larger bench

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Judgment (excerpt)

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[2022] 2 S.C.R. 925
925
GANGADHAR NARAYAN NAYAK @ GANGADHAR
HIREGUTTI
v.
STATE OF KARNATAKA & ORS.
(Criminal Appeal No. 451 of 2022)
MARCH 21, 2022
[INDIRA BANERJEE AND J. K. MAHESHWARI, JJ.]
Protection of Children from Sexual Offences Act, 2012: s.23
– Applicability of s.155(2) of Code of Criminal Procedure Code to
the investigation of an offence u/s.23 of POCSO Act – Per Indira
Baneerjee, J. – Procedure under Cr.P.C is not required to be followed
as the offence u/s.23 of POCSO Act which has been committed, by
disclosure of the identity of victim, necessitates expeditious
investigation for compliance of sub-sections (5) and (6) of s.19 of
POCSO – Per J.K Maheshwari, J. – Procedure of s.155(2) Cr.P.C is
required to be followed in an offence of POCSO Act u/s.23 which is
non-cognizable and special Court is required to look into the
procedure followed in the investigation – Held: In view of difference
of opinion, matter referred to larger bench – Code of Criminal
Procedure Code, 1973 – ss.155(2), 4, 5.
Referring the matter to larger bench (in view of difference
of opinion), the Court
HELD:
Per INDIRA BANEERJEE, J.
1. On a combined reading of Sections 4(1) and (2) with
Section 5 of the Cr.P.C., all offences under the IPC are to be
investigated into, tried or otherwise dealt with in accordance with
the provisions of the Cr.P.C. and all offences under any other law
are to be investigated, inquired into, tried or otherwise dealt with,
according to the same provisions of the Cr.P.C., subject to any
enactment for the time being in force, regulating the manner of
investigating, inquiring into, trying or otherwise dealing with such
offences. [Para 33][939-E-F]
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SUPREME COURT REPORTS
[2022] 2 S.C.R.
2. The language and tenor of Section 19 of POCSO and
subsections thereof makes it absolutely clear that the said Section
does not exclude offence under Section 23 of POCSO. This is
patently clear from the language and tenor of Section 19(1), which
reads “…. Any person who has apprehension that an offence under
this Act is likely to be committed or has knowledge that such an
offence has been committed……”. The expression “offence” in
Section 19 of POCSO would include all offences under POCSO
including offence under Section 23 of POCSO of publication of a
news report, disclosing the identity of a child victim of sexual
assault. Moreover, sub-section (5) of Section 19 of POCSO
provides that where the Special Juvenile Police Unit or local police
is satisfied that the child against whom an offence has been
committed, is in need of care and protection it shall, after recording
reasons in writing, make immediate arrangements to give the
child such care and protection including admitting the child into
a shelter home or hospital within 24 hours of the report. Action
under sub-section (5) of Section 19 of POCSO has to be taken
with utmost expedition. Such action obviously involves
investigation into whether an offence has been committed and
whether the child requires special care. [Paras 35, 36][940-G-H;
941-A-D]
3. It is well settled that legislative intent is to be construed
from the words used in the statute, as per their plain meaning.
Had Legislature intended that the Cr.P.C. should apply to
investigation of an offence under Section 23 of POCSO, would
specifically have provided so. The expression “investigation”
would, as in Section 4(1) or (2) of the Cr.P.C., have expressly
been incorporated in Section 31 or Section 33(9) or elsewhere in
POCSO. [Para 39][942-B-C]
4. The entire object of provisions such as Section 228A of
the IPC, 327(2) of the Cr.P.C., Section 74 of the JJ Act and Section
23 of POCSO is to prevent disclosure of the identity of the victim.
The identity of the victim should not be discernible from any
matter published in the media. The J.J. Act and POCSO are in
furtherance of the obligations of India under the Convention. The
provision of Section 23 of POCSO which protects child victims of
sexual abuse from unwarranted intrusion into privacy, harassment
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and mental agony has to be strictly enforced. The provision cannot
be allowed to be diluted. Hence, a child against whom offence
under Section 23 of POCSO has been committed, by disclosure
of her identity, may require special protection, care and even
shelter, necessitating expeditious investigation for compliance
of sub-sections (5) and (6) of Section 19 of POCSO. [Paras 44,
52, 57][943-A-B; 944-E-F; 945-G-H]
Nipun

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