Madras High Court Dismisses Petition to Quash POCSO Proceedings Against Accused

Court Highlights Misuse of POCSO Act for Settling Personal Scores; Urges Trial Courts to Exercise Prudence

In a significant ruling, the Madras High Court's Madurai Bench has dismissed a petition filed by Sahirsha @ MS Sha seeking to quash proceedings under the Protection of Children from Sexual Offences (POCSO) Act. The proceedings, pending in Spl.SC.No.126 of 2025, involve allegations of sexual offences against minors. The judgment, delivered by Justice B. Pugalendhi, underscores the importance of corroborative evidence in POCSO cases and cautions against the misuse of the Act to settle personal or political scores.

The petitioner, Sahirsha, was accused of sending obscene messages to a 16-year-old victim and her mother, with the allegations leading to the registration of Crime No. 8 of 2024 under the POCSO Act. Despite initial investigations resulting in a "mistake of fact" report, further inquiry directed by the Director General of Police culminated in a positive final report implicating the petitioner.

The court dismissed the petitioner's contention that further investigation was unauthorized, confirming that it was judicially sanctioned by the Principal Sessions Judge. It emphasized that the petitioner's claims regarding the linking of mobile devices and authorship of messages are matters to be addressed during the trial.

Justice Pugalendhi noted the contradictory statements made by the victim, observing that inconsistencies alone cannot justify quashing proceedings. The judgment highlighted that offences under the POCSO Act are societal offences, and can be established on corroborative materials despite potential inconsistencies in victim testimonies.

The court expressed concern over the increasing misuse of the POCSO Act, referencing previous judgments from the Kerala High Court which cautioned against false allegations in custody disputes. It urged trial courts to consider registering cases under Section 22 of the POCSO Act against adults found to have filed false complaints.

This judgment serves as a reminder of the delicate balance courts must maintain in handling POCSO cases, ensuring protection for genuine victims while safeguarding against unjust accusations. The court also stressed the need for disciplinary action against the original Investigating Officer for filing a biased report, urging that such proceedings reach a logical conclusion.

The dismissal of Sahirsha's petition allows the trial to proceed, with the court directing that the case be disposed of according to law, uninfluenced by observations in the order. The judgment, which also appreciated the assistance of the Amicus Curiae, underscores the court's commitment to ensuring justice in sensitive cases involving minors.

Bottom Line:

Protection of Children from Sexual Offences Act, 2012 - Allegations under POCSO Act - Material available indicates commission of offences - Petition to quash proceedings under Section 482 CrPC dismissed.

Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 11(1), 11(4), 12, 16, 17, 22; Indian Penal Code, 1860 Section 201; Criminal Procedure Code, 1973 Sections 482, 164, 156(3).

Sahirsha @ MS Sha v. State of Tamil Nadu, (Madras)(Madurai Bench) : Law Finder Doc Id # 2810121