Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR
Ahmedabad, Jan 1: The Gujarat High Court has berated the police and prosecution for invoking sections of the Protection of Children from Sexual Offences Act against four men in a molestation case eight years after the FIR was filed and when the trial was near completion.
The court of Justice Sandeep Bhatt observed in an order passed last week that despite the victim categorically stating in her deposition in 2018 that she was 15 years of age at the time of the incident, neither the assistant public prosecutor nor the presiding officer conducting the trial took any action.
The court said the investigating agency as well as prosecution prima facie failed to discharge their duty in appropriate manner and did not make "proper application of mind", leading to wastage of time.
The victim had in 2016 lodged a complaint in Mehsana town in the state against four persons for outraging her modesty in January that year.
The accused were charged under sections of the Indian Penal Code (IPC) pertaining to outraging modesty and intentional insult, among others, but not under the POCSO Act despite the victim being 15 years of age when the crime took place.
The accused persons moved the high court seeking quashing and setting aside of proceedings arising out of the first information report (FIR), and also the order dated July 19, 2024 of the Judicial Magistrate First Class (JMFC) court amending charges to include sections 11 and 12 of the POCSO Act.
While the court declined to quash the case, it permitted the petitioners to pursue the matter before the POCSO court at the time of further proceedings.
The court noted that when the investigation was carried out, the fact that the girl was 15 years of age at the time of the incident was nowhere referred to.
"Prima facie, it transpires that the investigating agency as well as prosecution and to some extent, the presiding officer have failed in discharging their duties in appropriate manner," the high court observed.
It further said that neither the investigating agency nor the prosecution made proper application of mind, causing the precious time of the investigating agency as well as the concerned court wasted from 2016 to 2024.
The court said it found no error by the concerned trial court in invoking the POCSO Act in the case, while allowing the petitioners to agitate at the time of further proceedings before the concerned POCSO court.
"It is also required to be noted that this is a glaring example that causal approach is adopted by the investigating agency and it has carried out investigation in a mechanical manner without properly applying its mind while carrying out investigation and at the time of filing of chargesheet," it said.
The court also directed the "concerned higher authorities" to look into the matter and do the needful "with a view to avoid repetition of such incidents and if required do the needful to carry out some exercise to find out if any similar incident/s is/are happening anywhere across the state".
It directed that the copy of the order be forwarded to the Director General of Police (DGP), Home Secretary, Law Secretary and the Registrar General of the High Court "for necessary consideration".
"It is expected that the petitioners, as such, are not at fault, and therefore, they can avail appropriate remedy in accordance with law," it added.
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KMES Institutions shine in SSLC result, continue four-decade legacy of education in rural Karkala
Karkala: KMES Institutions of Education at Kukkundooru in Karkala taluk has recorded outstanding results in the 2025-26 SSLC and PUC examinations, continuing a four-decade educational journey that began with just 22 kindergarten students and no building of its own.
The institution secured a 100 per cent result in the SSLC examinations, with all 43 students passing the examination this year.
Muhammad Arman Shahid emerged as the school topper by scoring 619 marks out of 625, securing 99 per cent and also ranking sixth at the state level. He scored full marks in Kannada, Hindi, Mathematics and Social Science.
Krithika V. Nayak secured the second position in the school with 607 marks and 97.12 per cent, while Arhan stood third with 605 marks and 96.8 per cent.
Out of the 43 students, 21 passed with distinction, 19 secured first class, two students obtained second class and one student passed in third class. Fourteen students scored above 90 per cent.
The institution also performed strongly in the PUC examinations. The Science stream recorded a 100 per cent result, with all 44 students passing, while Commerce secured a 98 per cent pass percentage.
Twelve students scored full marks in different subjects, including Mathematics.
In Commerce, Deeksha Acharya topped the college with 588 marks, while Harshitha H. Kini secured the second position with 581 marks.
In Science, Naveen B. Nayak emerged as topper with 586 marks, followed closely by Sameeksha Moily and Aifa Nidha, who both secured 585 marks.
Speaking about the achievement, High School head teacher Shrimati Patkar said the institution has always focused on supporting academically weak students through affordable education and free special classes.
“Our ambition is to provide quality education even to students who struggle in studies. The fees are very low, and free coaching classes are conducted. I have worked here for 28 years and have always found the atmosphere supportive of education,” she said.
Primary School head teacher Lolita Zeena D’Silva appreciated the dedication of the teaching staff and said the school encourages students not only to achieve high marks but also to become role models.
PU College Principal Balakrishna Rao said the institution focuses on value-based education and overall personality development.
“The aim is to help students succeed not only academically but also in cultural activities, sports and leadership. We encourage qualities such as patience, tolerance and discipline,” he said.
Rao also credited the institution’s growth to the support of founders K.S. Mohammed Masood and K.S. Nissar Ahmed, along with President K.S. Imtiaz Ahmed.
Speaking on the occasion, Imtiaz Ahmed said the institution was built on the dream of making quality education accessible to financially backward families in rural areas.
He said the guidance and encouragement of his elder brothers, Mohammed Masood and Nissar Ahmed, along with the contribution of teachers, students and parents, helped transform the institution into a model educational centre.
The KMES Institutions trace their roots back to 1984, when they were founded by senior social activists Haji P.M. Khan, K.S. Nazeer Ahmed and Haji A.S. Rashid Haider.
The institution initially functioned from the Government Urdu School premises as it did not have a building of its own. Classes began with only 22 students in lower kindergarten and two teachers.
Later, under the leadership of K.S. Mohammed Masood and with continuous financial and moral support from non-resident businessman K.S. Nissar Ahmed, the institution gradually expanded.
In 1993, the school shifted to its own building and began conducting classes from LKG to Class 5.
As student admissions increased, Nissar Ahmed personally funded the construction of three additional classrooms to address infrastructure shortages.
The institution’s new school building was completed in 1997, while the PU College building was constructed in 2001.
From humble beginnings in a borrowed building to producing state-level rank holders and consistent academic results, the KMES Institutions have grown into one of the prominent educational centres in the Karkala region.
