[POCSO Act] "Trauma And Shock Caused Mother's Mind After Learning Unmarried Daughter Is 18 Weeks Pregnant": HC Quashes POCSO Case Against Mother For Failing To Report Offence

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The Single Bench, led by Justice A. Badharudeen, acknowledged that while the mother did not immediately inform the authorities, the trauma likely caused indecisiveness, inaction, and confusion, requiring time to regain normalcy.

[POCSO Act] "Trauma And Shock Caused Mother's Mind After Learning Unmarried Daughter Is 18 Weeks Pregnant": HC Quashes POCSO Case Against Mother for Failing to Report Offence — [POCSO Act] “Trauma And Shock Caused Mother’s Mind After Learning Unmarried Daughter Is 18 Weeks Pregnant”: HC Quashes POCSO Case Against Mother for Failing to Report Offence

Kerala: The Kerala High Court has quashed criminal proceedings against a mother of a minor victim who failed to report a POCSO offence, citing the trauma she experienced upon learning that her unmarried daughter was 18 weeks pregnant.

The Court allowed the mother’s petition, noting that the delay in reporting the incident was not intentional, but rather a result of the emotional shock and trauma of discovering her 17-year-old daughter’s pregnancy.

The Single Bench, led by Justice A. Badharudeen, acknowledged that while the mother did not immediately inform the authorities, the trauma likely caused indecisiveness, inaction, and confusion, requiring time to regain normalcy.

Justice A. Badharudeen, in his observation, stated,

“While it is true that the mother did not inform the police about the incident, it must be noted, as argued by the petitioner’s counsel, that the shock and trauma of learning that her unmarried daughter is 18 weeks pregnant would likely cause indecisiveness, inaction, and confusion in the mother’s mind. In such circumstances, the mother would understandably require some time to regain normalcy. Moreover, the emotional distress could continue to affect her cognitive abilities for a prolonged period.”

Advocate P. Sanjay represented the petitioner, while Public Prosecutor M.P. Prasanth appeared for the respondent. The petitioner had initially taken her daughter to a hospital where her pregnancy was confirmed and later chose a private hospital instead of the Government Medical College, as advised. A doctor filed a report, and the police recorded the victim’s statement the following day.

The mother was charged under Section 21 read with Section 19(1) of the POCSO Act for failing to report the incident right away. She highlighted her ordeal as a mother facing trial alongside the main perpetrator, for an offence she had no mens rea regarding.

The petitioner also argued that Section 19(1) of the POCSO Act does not specify a time frame for reporting the commission or apprehension of an offence.

In quashing the proceedings, the Court remarked, “Adding criminal prosecution on a mother already in such a traumatic situation would be adding insult to injury.”

The Court further stated that the mother’s failure to inform the police was not deliberate or willful, considering the circumstances. It was also noted that the police registered the case on June 4, 2021, based on the doctor’s report. Therefore, the Court concluded that criminal proceedings against the mother were unjustified in this case.