Mother 'Shocked' by Unmarried Daughter's Pregnancy, Delay in Reporting Justified: Kerala HC Quashes Case Under Section 19 POCSO Act
The Kerala High Court has ruled that the delay in reporting a POCSO offence by a mother who discovered her minor, unmarried daughter's pregnancy can be justified, considering the trauma and shock she endured upon learning the news.
Justice A. Badharudeen observed that a mother in such circumstances could also be regarded as a victim of the crime. Prosecuting her under Section 19 of the Protection of Children from Sexual Offences (POCSO) Act, the Court remarked, would amount to “putting chilly powder on the deep wound.”
Court's Observations on the Mother's Trauma
The Court noted the emotional turmoil and indecision a mother might face in such situations:“... the trauma and shock in the mind of the mother when she hears information that her unmarried daughter is 18 weeks pregnant would normally marque the mind of a mother to indecisiveness, inactiveness, and dilemma. In such cases, the mother would definitely need some reasonable time to return to normalcy. Then also the trauma may dangle on the intellectual capabilities of the mother for quite a long time”
The petitioner, a mother, discovered her 17-year-old daughter’s 18-week pregnancy when the child was taken to a hospital due to abdominal pain. Although the daughter was referred to a government hospital for further care, the mother opted for treatment at a private hospital. During this time, the doctor reported the matter to the police, and the victim’s statement was recorded in the mother’s presence. There was a four-day delay between the mother realizing the pregnancy and the police being informed. Subsequently, the mother was booked under Sections 19(1) and 20 of the POCSO Act for failing to report the incident.
Prosecution and Defense Arguments
The prosecutor acknowledged the mother’s distress but maintained that statutory obligations under Section 19(1) of the POCSO Act necessitated timely reporting, irrespective of the circumstances. Conversely, the petitioner argued that her ordeal, including the trauma of her daughter’s pregnancy, justified the delay. She also expressed concern about facing trial alongside the offender who committed the crime against her child.
Verdict
The Court concluded that the mother’s failure to report the incident was neither deliberate nor wilful. Considering her emotional state, the Court recognized the reasonableness of the delay and allowed the petition to quash the case against her. This judgment highlights the need for sensitivity in dealing with cases involving secondary victims of crime, particularly when the affected individuals are family members grappling with emotional trauma.
Case Title : XXX v State of Kerala
Case No: Crl.MC 361 of 2023
Date: November-14-2024
Bench: Justice A. Badharudeen
[Read/Download order]
