A criminal revision petition filed by the Applicant “A” under Sec-397 read with Sec-401 CrPC for setting aside the order dated 13/01/2021 passed by IV Additional Sessions Judge & Special Judge (POCSO Act), Mandla. 

Brief Facts of the Case:

The Applicant was accused for advising a prosecutrix and accused persons in a POCSO case, to conceal and not to disclose the true facts before the police and court.

The accused persons were charged for committing offences under Sec-376 of IPC and Sec-5 and Sec-6 of POCSO Act against a minor victim, prosecutrix.

Statement given by the prosecutrix under Sec-161 and Sec-164 of CrPC, it was told by her that the applicant was known to the fact that accused persons committed the offences under Sec-5 and Sec-6 of POCSO Act.

He advised the accused persons to conceal and not to disclose the real material facts to the police and teach the prosecutrix to give false statement before Court that accused persons have not committed anything wrong to her.

Through the statement of the prosecutrix, it was also clear that the prosecutrix and the accused persons never approached and contacted the Applicant for any assistance of an Advocate.

On the basis of the aforementioned statement given by the prosecutrix, police accused the Applicant under Sec-19 and Sec-21 of the POCSO Act. Hence, the present review petition was filed.

Applicant argued that:

The Applicant is an Advocate and he had done nothing illegal because being an Advocate, it was his duty to give better advice to his clients to create defense in their favor.

He submits that there was no such offence was made out against the Applicant but trial court was failed to consider this aspect and framed the offence under Sec-19 and Sec-21 of the POCSO Act.

Observation of the Court:

1. Considering the Provision of Sec-19 and Sec-21 of POCSO Act and statement provided by the prosecutrix, court held that there was no infirmity in the order passed by the court dated 13/01/2021.
2. Sec-19 and Sec-21 of the POCSO Act very specifically provides that if any information with regard to offence committed with the minor girl comes into notice of a person, he should immediately convey the same to the authority. But here, in this case, even after knowing such thing Applicant has ill-advised the prosecutrix and accused persons. Court said that such offences were rightly registered against him.

Court found the revision without any substance and dismissed the same.

Vaishali Jain, Advocate & Associate – Child Safety at Work & Riddhima Khanna