in the month of August a very important judgement passed by Delhi High Court on the jurisdiction of JJ Act Provisions over ITPA provisions in case of children getting rescued under section 15 or 16 of ITPA. It also clarified that only CWC has the final authority in respect of the custody and restoration of a child victims irrespective of provisions made under Section 17 and 17 A in ITPA.
Sunday, 21 December 2014
Friday, 5 December 2014
proceeding to the CI book a case under POCSO Act
Proceedings
RC No CWC/CTO/0412/2014
Dated 04th Dec 2014
To,
The Circle Inspector of police,
________________ Police station,
_______________ Mandal,
CHITTORE Dist.
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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