School administrator, transporter let off in decade-old POCSO case
Chandigarh, Aug. 28 -- A decade after Chandigarh's private school administrator, and its transporter, were booked for not reporting an offence under Protection of Children From Sexual Offences (POCSO) Act, the Special Child and Women Court of Chandigarh on Wednesday acquitted them of the charges.
The accused -- Captain Sanjiv Kumar, the private school administrator and the transporter -- Amrik Singh, were booked under sections 19, 21(2) of POCSO Act, on the basis of recommendations of the Chandigarh Commission for Protection of Child Rights (CCPCR).
As per the prosecution one, a case of molestation of a 5-year-old minor school girl was reported in 2015, whereby the conductor of the school bus was arrested for the offence.
The incident of molestation of their daughter came to the knowledge of the parents on May 7, 2015.
The offence of molestation was reported to the police on May 13, 2015 by the father of the victim, whereafter, an FIR was registered on May 13, 2015, under sections of outraging modesty against the accused bus conductor.
As per the allegations against the school administrator and the accused-transporter, the parents of the victim girl had informed the transporter-accused about the incident of molestation on May 8, 2015, and the school authorities were orally informed on May 11, 2015, and then the written complaint of the incident was given to the school authorities by the father of the victim on May 13, 2015.
The school administrator and its transporter were thus booked later on the recommendation of CCPCR, for non-reporting of offence.
The CCPCR had given its recommendations to the UT administration to register an FIR against captain Sanjiv Kumar and the bus contractor Amrik Singh, after going through the news clips of the case.
During the trial, the defense counsel argued that the matter was thoroughly investigated by the police. However, the police found nothing incriminating against Captain Sanjiv Kumar and Amrik Singh.
On challan being presented to the court of the special judge, the trial commenced against the accused bus conductor Jagjit Singh and even the trial judge did not think it fit to make the school administrator and the bus transporter, as additional accused. The conductor-Jagjit Singh was later sentenced to five years imprisonment in the case by the trial court in September 2016.
The defense counsel, advocate Vikas Sagar argued that on knowing about the incident, Sanjiv Kumar had immediately informed the father of the girl that this is a police case, but the father of the girl did not want to report the matter to the police as the matter was of a sensitive nature having social implications.
The counsel also argued that as per the settled law, there cannot be two separate FIRs made for offences alleged to be done during the course of the same transaction, thus pleading that the accused be acquitted from the charges.
The court of additional district and sessions judge-Yashika, on hearing the arguments, acquitted the duo from the charges on Wednesday. Meanwhile, a detailed judgement in the matter was yet to be released by the court....
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