Madhya Pradesh HC dismisses POCSO appeal, calls for stricter juvenile laws [Read Judgment]

Madhya Pradesh: The High Court of Madhya Pradesh at Indore has dismissed a criminal appeal in a case under the Protection of Children from Sexual Offences (POCSO) Act, 2012, while also making strong observations regarding the leniency of juvenile laws in India.

Justice Subodh Abhyankar dismissed Criminal Appeal No. 4232 of 2019, upholding the conviction of the appellant found guilty of raping a 4-year-old child.

The court noted the brutal nature of the crime, stating: "Looking to the overwhelming medical evidence available in the present case, it does not taken an expert to see as to how demonic the appellant's conduct was while he was juvenile, and his mindset can also be gathered from the fact that he has also absconded from the observation home, and presently is at large, probably lurking in some dark corner of the street, for yet another prey, and there is nobody to stop him."

The court expressed deep concern over the current state of juvenile laws in India, observing: 

"As a parting note, this Court is once again at pains to observe that juveniles in this country are being treated rather too leniently, and that the Legislature, to the utter misfortune of the victims of such crimes, has still not learnt any lessons from the horrors of Nirbhaya."

Referring to the Nirbhaya case, the court highlighted: 

"And, although such voices are being raised time and again by the Constitutional Courts of this country, but to the utter dismay of the victims, they have not been able to make any impact on the legislature even after a decade of Nirbhaya (supra) which took place in the year 2012."

The court directed that a copy of the order be sent to the Law Secretary, Department of Legal Affairs, Government of India, New Delhi. It stated: 

"Let a copy of this order be sent to the Law Secretary, Department of Legal Affairs, Government of India, New Delhi (India)."

Expressing frustration over the lack of legislative action, the court ordered the issuance of perpetual warrants against the absconding appellant, noting: "The appellant is at large, let perpetual warrants be issued against him and he be arrested to suffer the remaining part of his sentence."

In conclusion, while dismissing the appeal and upholding the conviction, the High Court of Madhya Pradesh made a strong call for stricter juvenile laws, emphasizing the need for legislative action to address heinous crimes committed by juveniles.
 

[Read Judgment]