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.