Keywords – Karnataka High Court, POCSO Act, Section 21,gynecologist, minors rape.
The Karnataka High Court has dismissed the petition that was moved by a gynecologist to quash a case that was registered against him under Section 21 of the Prevention of Children against Sexual Offences Act (POCSO) for his failure to report the incident of sexual assault on a minor.
The POCSO Act mandates that every person who has knowledge that sexual assault has been committed on a minor, must report it to the Special Juvenile Police Unit or the local police and failure to do so is punishable for six months imprisonment. The petitioner gynecologist in this case had terminated the minor victims pregnancy and had not even reported the same to the police.
Initially the petitioner was not booked as an accused, but after investigation he was, under Section 21 of the Act for failing to report the incident. The primary claim that was raised by the petitioner was that the physical appearance of the victim was such that it could be easily believed by anyone in first sight that she was more than 18 years old and therefore without going into further details the petitioner had performed the surgery and protected the victim who according to the petitioner had taken some tablets for abortion which had caused severe bleeding. Rejecting this defense a single judge bench of Justice M Nagaprassana had observed that it was highly improbable that the petitioner, a gynecologist having 35 years of practice at the very look of the petitioner did not get to know that the victim was of tender age of 12 years and 11 months and had been subjected to sexual intercourse as she had become pregnant.
The court had directed the state to ensure strict compliance with the act and reporting of offences particularly by doctors who indulge in medical termination of pregnancy of minors.
Written by – Yashashvi Mishra, College – S S Khanna Girls Degree College, University of Allahabad, Year – 2nd year 4th semester, an intern under Legal Vidhiya
[1] https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-gynaecologist-minor-rape-pregnancy-reporting-section-19-pocso-act-child-abuse-230246
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