Gadwal POCSO case: Telangana High Court says it’s non-bailable

HYDERABAD: Although the offences covered by Section 11 of the POCSO Act (gestures made with the intent to sexually exploit a child) may result in a sentence of three years in jail or just a fine, the Telangana High Court has made it clear that the case should be treated as cognisable and non-bailable.

D Bhasker, a government teacher in the Jogulamba Gadwal district, filed a petition to quash the proceedings against the petitioner/accused in the SC (POCSO) case on the file of the III Additional District and Sessions Court at Gadwal. Telangana High Court Justice K Surender dismissed the petition.

The petitioner is accused of sexually assaulting the victim girl in a video that went viral in a WhatsApp group. The petitioner is the victim’s teacher. The District Child Protection Officer (DCPO) received a request from the SHO in Maldakal to record the victims and statements of other girls. The investigating officer discovered after recording the girls’ statements that the petitioner had mistreated the kids, which is a violation of Sections 11 and 12 of the Protection of Children from Sexual Offenses Act (POCSO) 2012.

According to the petitioner’s counsel, the only basis for the petitioner’s request to have the proceedings quashed is the fact that Sections 11 and 12 of the POCSO Act are punishable by a fine and a term of imprisonment that may be up to three years and therefore, the offence is non-cognizable under Part II of the First Schedule of the CrPC. 

As can be observed from the chargesheet, nowhere does it state that the relevant Magistrate has granted authorization to investigate, which is why declaring an offence is illegal under the law.