Friday, 5 December 2014

proceeding to the CI book a case under POCSO Act

RC No CWC/CTO/0412/2014 Dated 04th Dec 2014

The Circle Inspector of police,
________________ Police station,
_______________ Mandal,

As you know very well that the Child Welfare Committee is also a court for the disposal of the cases of children below 18 years which is established by the Govt. of India under Sec 29(5) of Juvenile Justice (Care & Protection of Children) Act 2000, amend 2006. And this is to inform you that all the members in this committee are said to be a bench of magistrates with the powers of First Class Judicial Magistrates. Further, you know very well that, the committee has been equipped with the powers to facilitate the children in need of Care and Protection in terms of their development, care, treatment and rehabilitation under Sec 31 (2) of JJ Act 2000 r/w 2006.

Whereas, the CWC has received a case of the minor girl who was sexually abused in the name of love marriage. The girl named as _____________, age 16 years D/o __________________ belong to _______________ village of _______________ Mandal, CHITTORE Dist. The offender named as ____________________, aged ___ years S/o ___________________ belong to _________________ village of ________________ Mandal, CHITTORE Dist has deceived the said victim girl in the name of love marriage, kidnapped the girl and taken away her to _______________ town. He has spent with the girl for ____days and was raped the girl. Afterwards, the girl has been rescued by ________________ and was produced before CWC for care and protection services.

In this context, the CWC has examined the case, recorded the statement of the girl under Sec 164 Cr. PC and found the facts of the case and was determined that the girl was deceived by the said offender. It hereby came to know that, the father of the girl has been passed away by the severe stress of whole issue. The girl has been referred to the Govt children home for girls at TIRUPATHI for care and protection services as part of rehabilitation and trauma counseling as well.

The CWC is further come to know that, a case has been filed in your police station under Sec ____   & ____ of Cr PC with FIR No_____ dated ______ 2014. But, it is obviously realized that the said minor girl was sexually abused by the offender. As you know very well that, sexual intercourse with a minor girl with or without her consent is extreme crime and could be treated as a rape. It is absolute violations of child rights under Sec 23, 27 & 28 of Juvenile Justice (Care and Protection of Children) Act, 2000, amend 2006.

Moreover, the offender is severely punishable under Sec 3 and 4 of POCSO Act 2012. Under Rule 4 (2) of POCSO Act, 2012 a designated police officer shall immediately file a case and start investigation of a complaint received on a case of sexual abuse against a child below 18 yrs of age. Even if the police officer came to know such information in any manner about a sexual abuse/assault against a child, the designated police officer shall visit the victim child’s house, record child’s statement and book a case under appropriate sections of POCSO Act, 2012.

Hence, the CWC is hereby directed you to book a case against the offender under above Sections of both JJ Act, 2000 amend 2006 and also under POCSO Act, 2012 in addition to relevant sections of IPC and submit a copy of the same to CWC along with a report of investigation proceedings of the case within a week of time.

Given under my hand with the seal of CWC dated this 04th Dec 2014.

Cc: To the Hon’ble District Judge, CHITTORE Dist.
      To the Hon’ble Secretary, DLSA, CHITTORE Dist
      To Sri Ramesh Ranganathan, Hon’ble Judge, High Court of A.P
      To the S.P of Chittoor dist
      to the SJPU, Chittoor dist 

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