DIMAPUR — The
Supreme Court of India is set to examine whether personnel of the Assam Rifles
accused of offences under the Protection of Children from Sexual Offences Act,
2012 (POCSO Act) can be prosecuted under the Assam Rifles Act, 2006, or must be
tried exclusively by special POCSO courts.
The case pertains to allegations against an Assam Rifles
personnel who was on duty as part of a road-opening party near a government
school in Medziphema, Nagaland. The rifleman is accused of molesting a middle
school student, a minor, within the school premises in 2021.
Case history
Following the victim’s complaint, a First Information Report
(FIR) was registered under Section 354 of the Indian Penal Code (IPC) and
Section 10 of the POCSO Act. The case was initially tried by the Special Judge
of the Fast Track Special Court in Dimapur.
Subsequently, the Deputy Inspector General (DIG) of Assam
Rifles sought the transfer of the case to the Assam Rifles court, arguing that
the accused should be prosecuted under the Assam Rifles Act. However, the
Special Court rejected the plea, stating that the Assam Rifles Court is an
ordinary criminal court without the special powers required to try offences
under the POCSO Act.
The DIG then approached the Gauhati High Court, which, in
its judgement dated July 19, 2022, set aside the Special Court’s order, noting
that there was no direct conflict between the Assam Rifles Act, 2006, and the
POCSO Act. The High Court also observed that there is no provision, provided in
the POCSO Act, 2012, which bars the jurisdiction of the Assam Rifles Court from
trying offences under the Indian Penal Code or the POCSO Act, 2012.
Challenging this decision, the state of Nagaland moved the
Supreme Court in December 2022.
In its order dated December 10, 2024, the Supreme Court
allowed the petitioners to include the accused personnel as a respondent in the
case and directed the submission of an amended petition. The court has
scheduled the matter again for January 15.
