THE STATE OF MAHARASHTRA & ANR. versus DR. MAROTI S/O KASHINATH PIMPALKAR

Citation: [2022] 8 S.C.R. 821 · Decided: 02-11-2022 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

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   [2022] 8 S.C.R. 821
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THE STATE OF MAHARASHTRA & ANR.
v.
DR. MAROTI S/O KASHINATH PIMPALKAR
(Criminal Appeal No.1874 of 2022)
NOVEMBER 02, 2022
[AJAY RASTOGI AND C.T. RAVIKUMAR, JJ.]
Code of Criminal Procedure, 1973: s.482 – Quashing of F.I.R.
and charge sheet – Non Reporting of Sexual Assault – FIR registered
against unidentified person(s) on the accusation of commission of
sexual offences against minor tribal girls who were residing in the
girls’ hostel – Respondent is the medical practitioner who was
appointed for treatment of the girls in the said girl’s hostel – He
was arraigned as the sixth accused thereunder, essentially for the
failure to report the commission of the offence under the POCSO
Act, punishable u/s.21 (1) the POCSO Act – Respondent filed
Criminal Application u/s. 482 seeking quashment of the FIR and
the chargesheet to the extent they are against him – High Court
quashed the FIR as also the charge sheet qua the respondent –
Hence, the instant appeal – Held: Prompt and proper reporting of
the commission of offence under the POCSO Act is of utmost
importance – Failure to report on coming to know about the
commission of any offence thereunder would defeat the very purpose
and object of the Act – If FIR and the materials collected disclose a
cognizable offence and the final report based on it reveal the
ingredients to constitute an offence under the POCSO Act and a
prima facie case against the persons named therein as accused,
then the truthfulness, sufficiency or admissibility of the evidence
are not matters falling within the purview of exercise of power under
s.482 – High Court should not have embarked upon an enquiry,
especially by looking into the statements of the victims and their
teacher to form an opinion regarding the availability of evidence to
connect respondent with the crime – In troth, those statements did
mention about divulgation of sexual assault on them by victims to
the respondent – High Court was not justified in bringing abrupt
termination of the proceedings qua the respondent – There was prima
facie case against the respondent for the offence – Protection of
Children from Sexual Offence Act, 2012 – ss.19, 21 – Evidence Act
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SUPREME COURT REPORTS
[2022] 8 S.C.R.
– s.59 – Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 – ss. 3(1)(w) , 3(2)(v) – Crime against children.
Protection of Children from Sexual Offence Act, 2012: Object
and Purpose – Held: Recognising the constitutional obligation and
keeping in view the fundamental concept under Art.15 of the
Constitution and also realizing that sexual offences against children
are not adequately addressed by the existing laws, POCSO Act was
enacted – The provisions thereunder would reveal that it also aims
to ensure that such offenders are not spared and should be properly
booked – Non-reporting of sexual assault against a minor child
despite knowledge is a serious crime and more often than not, it is
an attempt to shield the offenders of the crime of sexual assault.
Code of Criminal Procedure, 1973: ss.161, 164 – Admissibility
of – Statements recorded under s.161 are inadmissible in evidence
and its use is limited for the purposes as provided under ss.145 and
157 of the Evidence Act, 1872 – As a matter of fact, statement
recorded under s.164 can also be used only for such purposes –
Evidence Act, 1872 – ss.145, 157.
Allowing the appeal, the Court
HELD: 1. Exercise of power under Section 482 Cr.P.C. is
an exception and not the rule and it is to be exercised ex debito
justitiae to do real and substantial justice for the administration
of which alone Courts exist. [Para 7][827-D-E]
2. Prompt and proper reporting of the commission of offence
under the POCSO Act is of utmost importance and its failure on
coming to know about the commission of any offence thereunder
would defeat the very purpose and object of the Act. Prompt
reporting of the commission of an offence under POCSO Act
would enable immediate examination of the victim concerned and
at the same time, if it was committed by an unknown person, it
would also enable the investigating agency to commence
investigation without wasting time and ultimately to secure the
arrest and medical examination of the culprit. There can be no
two views that in relation to sexual offences medical evidence
has much corroborative value. [Para 15][830-F-G; 831-B-C]
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3. If FIR and the materials collected disclose a cog

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