‘Being a silent spectator does not amount to abetment under POCSO’

The Bombay high court (HC) last week let off a woman convicted for failing to report an assault on her minor daughter to the police, observing that being a silent

The Bombay high court (HC) last week let off a woman convicted for failing to report an assault on her minor daughter to the police, observing that being a silent spectator to a crime does not amount to abetment under provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

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Justice AM Badar struck down the conviction of a 28-year-old Nashik resident, convicted by a special POCSO court in Nashik, for abetting the assault committed by her husband on her five-year-old daughter, by failing to report the crime to the police. The atrocities committed on the five-year-old by her stepfather came to light after a neighbour noticed her injury marks and reported the matter to the police. Acting on her complaint, the Sarkarwada police in Nashik registered an offence on October 15, 2013, and on March 23, 2015, the special POCSO court at Nashik convicted the woman for abetting her husband and sentenced her to 10 years in prison.

At the end of the trial, the special court held that the stepfather had sexually assaulted the minor, and therefore, he was guilty under relevant sections of the POCSO Act. The special court also accepted the prosecution’s case that although the child informed her mother, the woman chose not to report it, and therefore, was guilty of abetting the crimes by her husband.

Justice Badar on September 18 struck down her conviction. The intention should be to aid the commission of a crime, the judge said. “Failure of the accused in not reporting the matter does not amount to intentionally aiding the commission of the offence,” said the judge.