In a startling turn of events during the hearing of a bail application in a POCSO (Protection of Children from Sexual Offences) case, the Rajasthan High Court at Jodhpur strongly reprimanded the prosecutrix (victim) and her counsel for making contradictory statements regarding certain photographs produced by the accused.
The bench of Justice Ravi Chirania has observed that the conduct reflected an attempt to mislead the Court and indicated possible misuse of POCSO provisions.
The bench said, “intentionally false and incorrect statements were made during the Court’s proceedings and also that the counsel was informed false facts on cell phone through a typed message and who made further statement on that basis before the Court. The complainant as well as the prosecutrix are directed to file an affidavit regarding the photographs as shown to the Court and to explain why false statements were made to this Court through their counsel regarding the said photographs.”
The matter came up before the Court during the hearing of a bail plea filed by the accused, represented by Advocates Pankaj Choudhary and Narayan Rawal.
During the proceedings, the defence submitted photographs suggesting that the victim was allegedly in a willing relationship with the petitioner. Counsel argued that the case appeared to be a misuse of POCSO provisions — which are meant to protect minors from sexual exploitation, not to be invoked in consensual relationships that are later mischaracterized.
Upon seeing the photographs, the Court sought clarification from the counsel for the complainant and asked whether the photographs indeed belonged to the victim. At this point, the matter was temporarily passed over to allow the counsel to verify the facts with the victim and her father, who is the complainant in the case.
When the hearing resumed, the counsel initially informed the Court that the victim and her father denied that the photographs were of her. However, the Court sternly cautioned the counsel and granted additional time, emphasizing that the truth must be stated before the Court and attempts to mislead the judicial process would not be tolerated.
After the second verification, the counsel returned and changed the earlier version, informing the Court that the victim admitted the photographs were indeed of her, but claimed that they had been taken forcibly.
The Court expressed strong displeasure at the contradictory statements and the apparent attempt to mislead the Court. Observing that such conduct may warrant inquiry, the Court remarked that the integrity of judicial proceedings cannot be compromised.
The Court directed that an affidavit must be filed explaining the conflicting statements. The affidavit must clarify the origin of the photographs. The counsel must also explain why incorrect statements were initially made before the Court.
The Court noted that such false submissions, if proven deliberate, may invite stringent legal consequences.
The matter has now been kept pending for further consideration, with the Court making it clear that any misuse of POCSO provisions or attempts to mislead the judiciary will be dealt with seriously.
Case Details
Case Title: Salin @ Sachin Versus State Of Rajasthan
Case No.: S.B. Criminal Miscellaneous Bail Application No. 10673/2025
Date: 04/11/2025
Counsel For Petitioner: Advocates Pankaj Choudhary, Narayan Rawal
Counsel For Respondent: PP Sameer Pareek, Advocate Mukesh Kumar Trivedi for complainant
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