By Varna Srinivasan  

The Gujarat High Court slammed the authorities for not exercising due precautions in registering the present matter under the Protection of Children from Sexual Offences Act, 2012. It was reported that law enforcement authorities failed to included charges under the POCSO Act despite a deposition proving that the survivor was 15 years old at the time of the offence. 

In not including charges within the POCSO Act, there was a miscarriage of justice from the beginning of the judicial mechanism. This resulted in several issues, including the limitation period, sentencing and procedure especially since the transfer to the special court was requested only at the end of the trial.  

The court also noted that this was a common occurrence and directed concerned departments to look into the cause of the disarray. However, the transfer petition was disposed reasoning that the accused was not to be blamed for the delay and may use the appropriate remedies available in the law.  

 [Case Name: Thakor Vipulji Gamaji v. State of Gujarat]