By Tanvi Mehta.

The Kerala High Court has refused to quash criminal proceedings against a homestay owner under the Protection of Children from Sexual Offences (POCSO) Act for failing to report the sexual assault of two minors on her property.

The case involves two separate incidents where 15-year-old girls were allegedly sexually assaulted at Budgies Cottage, a homestay in Ernakulam district. The prosecution alleged that the owner, Sheela, provided rooms to her friend (the first accused) where he assaulted the minors on October 21, 2021. Sheela was charged under Section 21 read with Section 19(1) of the POCSO Act for failing to report the crimes to authorities despite having knowledge of them.

Sheela filed petitions seeking to quash the proceedings against her, arguing that the homestay license was in her husband’s name and there was no direct evidence linking her to the crimes. However, the prosecution presented witness testimony from a former manager stating Sheela was running the cottage at the time and had personally provided rooms to the first accused. The Court dismissed the petition and noted that while the homestay license was originally issued to Sheela’s husband, it had expired months before the alleged incidents. The Court found sufficient prima facie evidence of Sheela’s involvement in managing the property and facilitating the assaults by providing rooms.

Crucially, the Court emphasized that Sheela’s failure to report the crimes, as mandated under Section 19(1) of the POCSO Act, constituted a serious offence. The judge stated: “Thus, going by the prosecution allegations, the involvement of the 2nd accused in the matter of providing room to the 1st accused to subject the respective victims to aggravated forms of sexual assault, and failure to inform this to the police can be gathered prima facie.” In its reasoning, the Court highlighted the importance of the reporting requirement under POCSO. Even though Sheela was not directly involved in the assaults, her alleged failure to inform authorities about crimes against minors occurring on her property was deemed sufficient grounds for prosecution. The judge concluded there was abundant prima facie material to proceed to trial, affirming the serious nature of the charges under the POCSO Act’s mandatory reporting provisions.

[Case: Sheela v. State of Kerala, Citation: CRL.MC NO. 8460 OF 2022.]

Click here to download/ read the judgment