Mumbai: The Bombay High Court has asked the Mumbai police not to file chargesheet against a 15-year-old girl who was booked for allegedly sending sexually suggestive messages to her classmate and her mother.
Questioning POCSO Registration
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad also questioned the police as to how a case could be registered under the Protection of Children from Sexual Offences (POCSO) Act when both, the victim and accused, are 15-year-old girls.
Petition Filed to Quash FIR
The HC was hearing a petition by the accused girl seeking quashing of the FIR against her contending that she was just playing a prank against her classmate. The petition was filed through her father.
Incident Details
On July 10, Kandivali police registered a case after a 15-year-old girl complained of receiving obscene messages from an unknown number claiming to be in love with her. Believing the sender to be a man, she blocked the number. However, similar messages soon appeared on her social media posts.
Messages Targeted Victim’s Mother Too
Soon even the victim’s mother began receiving similar messages. However, when even the mother too blocked the number, the sender created a WhatsApp group with the victim’s friends and sent the same sexually suggestive messages. The family lodged a complaint with the police.
Investigation Revealed Minor Prank
During the investigation, the police learnt that the messages were sent by the victim's classmate. According to police, the accused had played a “prank” on her friend, unaware of the legal consequences.
The accused has approached the HC seeking to quash the FIR.
Court Questions Police Decision
During the hearing on Wednesday, the court questioned the police’s decision to invoke the POCSO Act. “Why has the police registered the case under POCSO? There is no POCSO,” the judges remarked.
Additional Public Prosecutor SC Gavand explained that the case was registered based on the initial complaint. The minor’s complaint was about receiving messages from an unknown number. “At that time, it was not known who had sent the messages. Investigation revealed that the message was sent by a girl,” Gavand said.
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Chargesheet Filing Deferred
Petitioner’s advocate requested that the police be instructed not to file a chargesheet while the matter is pending. The bench then asked Gavand to instruct the investigating officer that the high court is hearing the petition. The petition is kept for hearing next week.
