The top court at the outset observed that it was ‘pained’ with the order under challenge, as a legitimate prosecution under the POCSO Act had been ‘throttled at the threshold’. This was done without permitting the materials in support of it to see the light of the day, the judges stated.
The Bench noted that a legal obligation is cast upon relevant authorities to report offences under the POCSO Act.
“Such obligation is also bestowed on person who has apprehension that an offence under this Act is likely to be committed,” the judgment stated.
The Court explained how reporting such offences helps nab the culprit and have their medical examination done promptly.
“…a 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.“
Source: Barandbench
