The case registered under the POCSO Act against the doctor who tried to suppress the rape case by aborting the minor rape victim cannot be quashed - Karnataka High Court

 The case registered under the POCSO Act against the doctor who tried to hide the rape case by aborting the minor rape victim cannot be quashed - Karnataka High Court.                                      The Karnataka High Court recently refused to quash the POCSO FIR lodged against a gynecologist in a rape case.The court has said that abortion of a minor by a gynecologist and not reporting it to the police is a serious crime.The doctor has tried to hide the case of rape of a minor by not reporting the matter to the police.                                                                                 The court said that many cases of sexual abuse of minors go unreported because they are drugged by people who have knowledge of the crime. Concealing sex offenses with a minors is a serious offense. This crime becomes even more serious when doctors hide sexual offenses with minors and do not report it to the police.There is a need to strictly follow the rule of reporting sexual offenses to the police, otherwise the purpose of the POCSO Act will be defeated. Criminals who sexually assault minors will remain out of the clutches of the law, the hands of the law will not be able to reach their neck.                                                                                           While hearing the matter, the court has asked the state to ensure strict compliance of Section 19 of the POCSO Act.Court specifically directs to ensure reporting of offenses by doctor who indulges in abortion of minor in extenuating circumstances.                                                                          According to the case, Section 19 of the POCSO Act provides that if any person has information to suspect that a minor has been sexually assaulted, he should report it to the police.The provision of section 19 is a binding provision. Despite being informed about the sexual offense committed with a minor, if the person does not report it to the police and hides the information, then under Section 21 of the Act, for the offense of concealing the information, a punishment of 6 months is prescribed.                                                                                  The petitioner (Gynecologist) is the operator of a hospital in ChikkaMangaluru.The victim had come to the petitioner's hospital for treatment. The persons who brought the victim for treatment told the doctor that she had taken abortion pills two-three days back.Thereafter she suffered severe bleeding. The doctor is alleged to have medically terminated the victim's pregnancy.An FIR was lodged under the POCSO Act about a month after the incident of medical termination.                                                                                  During the investigation of the case registered under the POCSO Act, the matter of medical termination of pregnancy by the female doctor came to the fore. After this, the police registered a case against the female doctor under Section 21 of the POCSO Act.After investigating the case, the police has submitted the charge sheet in the court.                                                 A petition was filed in the High Court by a female doctor seeking quashing of the case registered under the crime of not informing the police about the incident of rape with a minor.In which the petitioner argued that the people accompanying the victim had told her to be above 18 years of age, her physical constitution was also such that she seemed to be above 18 years of age.Therefore, the petitioner performed the operation of the victim and saved the life of the patient in discharge of his duty.                                    Rejecting this argument of the petitioner, the court said that the petitioner says that she is treating patients for the last 35 years.It is impossible for him not to know the age of the patient on seeing the patient.Being pregnant, she must have known that sexual relations had been made with the minor. The court said what statements were given by the victim and those accompanying her at the time of admission to the hospital.,Did the victim come to the hospital wearing a saree or not?.All are subject to evidence and trial.which this Court cannot entertain under section 482 Cr.P.C.                                          Dismissing the writ petition under Section 482 CrPC, Justice M Nag Prasanna's bench observed that The accused should not be let off at this stage because the punishment for the offense is only 6 months.Being a responsible doctor should have been alert and should have informed the police following the provision of section 19 of the POCSO Act.The accused has disobeyed the law by not obeying the law. Disobeying the law is a serious matter.