Prayagraj, Jul 25 Allahabad High Court has taken serious note of non-seizure of mobile phones of the accused in a POCSO case despite allegations that the victim's obscene videos and photographs were recorded using the devices.
Accordingly, the court has directed the Jaunpur Superintendent of Police to conduct an enquiry against the investigating officer concerned.
Justice Arun Kumar Singh Deshwal passed the order on Thursday while granting bail to the accused-applicant, who is facing a criminal case registered under sections of the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences (POCSO) Act at Mungara Badshahpur police station of Jaunpur district.
The court observed, "From the facts of the present case, it is clear that the police was highly negligent in not seizing the mobile phones of the applicant and the co-accused to test the veracity of the victim's allegation regarding preparation of her obscene videos or photographs."
The court further noted that in a 2026 case, it had already directed the Uttar Pradesh Director General of Police to instruct all the district police chiefs to apprise the investigating officers under their respective jurisdictions that whenever an allegation is made regarding the shooting of obscene videos or photographs, the mobile phone of the accused should be seized and, if required, sent to the Forensic Science Laboratory for examination.
Observing that the same lapse occurred in the present case, the court said there was negligence on the part of the police official concerned.
Accordingly, it directed the Jaunpur Superintendent of Police to conduct an enquiry against the negligence of the investigating officer in not seizing the mobile phones of the accused and the co-accused to determine whether they had recorded any obscene videos or photographs.
