SC refuses to quash Pocso charges against judge, cites shocking allegations

The Supreme Court refused to drop Pocso charges against a suspended judge accused of incest, calling the case shocking and ordering the masking of the victim's identity

The Supreme Court on Wednesday refused to quash proceedings under the Protection of Children from Sexual Offences (Pocso) Act against a suspended judicial officer accused of sexually abusing his daughter.

 

Describing the case as “shocking”, the bench of Justice Prashant Kumar Mishra and Justice Manmohan held that it was certainly not fit for quashing by any legal standard. The observations were made during the hearing of a special leave petition in Sandeep vs State of Maharashtra.

 

Bombay High Court order upheld

  The petition was filed against the 15 April order by the Bombay High Court, which had also declined to quash the charges under the Pocso Act.

 

At the outset of the hearing, counsel for the accused submitted that the accused’s life was already in ruins—citing his father's suicide and an ongoing marital dispute. Justice Manmohan, while refraining from delving into these aspects, remarked orally, “This (father’s suicide) would have been due to the son’s action rather than anyone else’s action.” 

 

Court questions legal strategy, cites victim’s trauma 

According to LiveLaw, Justice Manmohan further stated orally: “This is a shocking case. This is a judicial officer—serious allegations of incest! Madam, this is not the case to be entertained for quashing by any standard. I don't know what legal advice you are getting, but this is not a case, certainly, by any standard. Your daughter is making the allegations, no? She must have been scarred for life.”

 

Petition dismissed, trial to be expedited

  The bench dismissed the petition, stating, “After hearing learned counsel for the petitioner, we are not inclined to interfere with the order impugned passed by the High Court.”

 

Additionally, the court directed that the name of the victim be masked wherever it appears in the paperbook of the special leave petition. The court also allowed the trial to be expedited, paving the way for faster proceedings.