Continue probing Pocso case against minor's grandpa in Bengaluru, Madras HC tells TN Police

CHENNAI: The Madras High Court directed the State police to conduct the investigation in an alleged sexual harassment case filed by a minor girl against her grandfather, and file the final report expeditiously, since the prosecution was not continuing the case as the cause of offence had taken place in Bengaluru.

“Though the alleged offense had taken place out of the TN jurisdiction, the State police can continue investigating under Section 199 of Bhartiya Nagarik Suraksha Sanhita (BNSS), as the probe of the offence is triable where it was committed,” held Justice GK Ilanthiraiyan, while allowing a petition moved by the father of the girl.

It was submitted that the girl, who is in Class 9, was threatened by her grandfather who took her phone and transferred all her personal photos to his phone without her permission, and also abused her physically and verbally, when she was staying at his house in Bengaluru. Later, on January 1, when she was sleeping with her grandmother, he came to their room, misbehaved with her, and also sexually assaulted her.

It was also alleged that when the father had gone to Bengaluru to pick her up, he was not allowed. Later, with the assistance of local police, she was rescued. After the father and daughter came back to their house in Ooty, they came to know that some morphed photos of the girl were sent to friends and family members by the grandfather.

Based on the complaint, the all women police in Ooty registered a case against the grandfather under the Pocso Act. Subsequently, the trial court directed the prosecution to investigate and file a preliminary report with the aid of the Cyber Crime wing. “However, no report was filed, and instead, the prosecution filed a report stating that they have no jurisdiction to investigate, since the alleged crime had taken place in Bengaluru,” said the petitioner.

So, the victim’s father moved the High Court seeking direction to the Ooty police to continue with the probe and file a final report.

Senior counsel Abdukumar Rajarathinam for the petitioner submitted that part of the crime was committed in Ooty, and as such, the local police has jurisdiction to investigate the crime and also referred to sections 198 and 199 of BNSS.

The prosecution submitted the difficulties in continuing with the probe as investigation had to be done with the neighbours, house help and other housemates of the accused in Bengaluru. Since, the scene of crime was not within their jurisdiction, they submitted that it was impossible to collect materials including CCTV footage for effective investigation.