Tuesday, 30 August 2016

Proceedings to Police for Medical test

From: D. Ramakrishna [mailto:pavan@helpap.in]
Sent: 26 August 2016 06:38
To: risetpt@rediffmail.com; kdalavani@yahoo.in
Proceedings to Police

Respected Sir,

Please find herewith attached proceedings may be issued to police people instructing them to take the abused girl for medical exam and submit a report and also directing to book a case under appropriate sections under JJ as well as other associated Acts. Please add the necessary information as per the real grounds of the case and please feel free to make any changes as and where it is required as per the Act.

Thanking you sir,

With best regards,

CWC/CHITTORE/3008/2016/Date 30th Aug 2016

The SI of Police,
Mulakala Cheruvu PS,
Chittore Dist.

The Child Welfare Committee as per Section 27(1) of the Juvenile Justice (Care & Protection of Children) Act, 2015, is a statutory authority constituted by the Govt. of AP and as per Sec 27(9) The Committee shall function as a Bench and shall have the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the case may be a Judicial Magistrate of First Class. The Child Welfare Committee (hereinafter CWC) under the Act is the final authority to dispose of cases concerning children (not completed 18 years of age) in need of care, protection, development and treatment and rehabilitation under Sec 29 (1) of the said Act. The CWC is also empowered to inquire into offences committed against children.

Whereas the Child Welfare Committee of Chittore District is realized that a minor girl named as ______________ aged ____ D/o _________________ belongs to _________________ is sexually abused by her biological father and was run-away from her house. Further, it is came to know that, the girl was rescued at ANANTAPUR by CHILDLINE 1098. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Under Sec 31(1) (i) of Juvenile Justice (Care & Protection of Children) Act, 2015 Any child in need of care and protection may be produced before the Committee by any police officer or special juvenile police unit or a designated Child Welfare Police Officer or any officer of District Child Protection Unit or inspector appointed under any labour law for the time being in force; within 24 hrs excluding time necessary for journey. But, you have not followed the Act while you are dealing with a case of child. Why? Isn’t it a violation of Act?

As per Sec 24(1), Rule 4(2) of POCSO Act 2012, any juvenile who is victimized shall not taken to the police station and concerned IO must attend to his/her residence  to take their statement/complaint or for any investigation requirements. But, the CWC is hereby came to know that you are calling the victim girl along with her supporters to your PS, retaining them till evening and sending back home. Why? Isn’t it a violation of Act?

As per Sec 19(5) (6) of POCSO Act 2012, concerned IO or SHO shall give intimation to CWC and followed by its orders the victimized juvenile shall transfer to shelter home or hospital for medical examination. In this case nothing is happened in such way. Why? Isn’t it the violation of Act?

Under Sec 27(1) of POCSO Act 2012, the child must be referred immediately to medical exam in view of age verification and for determination of sexual abuse including HIV Test (pre and post test counseling is a must). But, no such action carried out by you. Why? Isn’t violation of Act?

As per Sec 88 of JJ Act 2015 where an act or omission constitute an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offences shall be liable to punishment only under such Act as provides for punishment which is greater in degree.

The CWC is hereby instructed you to book a case under Sec 75 and 88 of JJ Act 2015, Sec 366 & 375 IPC and directed you to take the girl for medical examination under Sec 94 of JJ (C&PC) Act, 2015. It is instructed to submit both FIR copy and also the medical report including explanation for above violations of both JJ (C&PC) Act, 2015 and POCSO Act, 2012 within ____ days before CWC in person without fail.

Given under my hand with the seal of CWC dated this 30th day of Aug 2016.

Cc: To The Inspector of police, SJPU, CHITTORE for follow up and
       To The Superintendent of Police, CHITTORE for information.

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