Kerala POCSO Case: Supreme Court Quashes Charges Against Hospital Staff

The case of Dr. Sr. Tessy Jose & Others vs. State of Kerala involved allegations against hospital staff under the Protection of Children from Sexual Offences Act (POCSO). The Supreme Court ruled in favor of the appellants, quashing all charges, as there was no evidence to prove their knowledge of the crime.

Background of the Case

The case arose when a minor victim, allegedly raped in 2016, was brought to a hospital in February 2017, where she delivered a baby. The prosecution argued that the hospital staff, instead of informing the authorities about the pregnancy, failed to report the matter under Section 19(1) of the POCSO Act.

The appellants included:

• Appellant No.1: A 66-year-old gynecologist who conducted the delivery.
• Appellant No.2: A pediatrician who attended to the newborn.
• Appellant No.3: A 69-year-old hospital administrator who had no direct contact with the patient.

The Special Judge in Ernakulam framed charges under Section 201 IPC, Section 19(1) read with Section 21(1) of POCSO, and Section 75 of the Juvenile Justice Act. The accused challenged these charges in the Supreme Court.

Arguments Presented

Prosecution’s Argument

• The hospital staff had knowledge of the pregnancy and should have reported it to the authorities under the POCSO Act.
• They failed to comply with their legal duty to inform the police.

Defense’s Stand

• The accused had no prior knowledge of the crime before the victim was brought to the hospital.
• The mother of the victim did not inform them that the pregnancy resulted from rape.
• Providing medical care cannot be equated with shielding a crime.

Supreme Court’s Verdict

The Supreme Court quashed the charges, ruling:

“There is no evidence to indicate that the hospital staff had any knowledge about the crime prior to the victim’s delivery. Mere likelihood of suspicion cannot be a reason to charge a person.”

The Court emphasized that the doctors and administrators were performing their professional duties and could not be held liable under POCSO unless they were explicitly informed about the sexual assault.

The Court further stated:

“The knowledge requirement foisted on the appellants cannot be that they ought to have deduced from circumstances that an offence had been committed.”

Legal Significance

This ruling clarifies that medical professionals cannot be held criminally liable under POCSO unless there is direct evidence proving their knowledge of the offence. It protects doctors from unnecessary legal harassment while ensuring child protection laws are properly implemented.

Conclusion

The Supreme Court’s judgment provides relief to healthcare professionals by reinforcing that legal liability under POCSO requires actual knowledge, not assumptions. The ruling safeguards the interests of doctors while maintaining the integrity of child protection laws.

Petitioner Name: Dr. Sr. Tessy Jose & Others.
Respondent Name: State of Kerala.
Judgment By: Justice A.K. Sikri, Justice Ashok Bhushan.
Place Of Incident: Ernakulam, Kerala.
Judgment Date: 01-08-2018.

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