Punjab & Haryana High Court: FSL Report Not Mandatory for POCSO

Punjab & Haryana High Court: FSL Report Not Mandatory for POCSO Act Chargesheet

Judgement Given On :

Introduction:

The Punjab and Haryana High Court recently handed down a significant ruling regarding cases under the Protection of Children from Sexual Offences Act, 2012 (POCSO). The court held that a Forensic Science Laboratory (FSL) report is not an essential component of a complete chargesheet, particularly in cases involving sexual assault. This judgment stemmed from a petition challenging a trial court’s denial of default bail under Section 167(2) of the Criminal Procedure Code (CrPC) to the accused.

The petitioner contended that the challan (charge sheet) presented to the trial court was flawed due to the absence of the FSL report. The petitioner argued that this omission rendered the challan non-compliant with statutory provisions, and therefore, they should be granted default bail under Section 167(2) of the CrPC. The state, on the other hand, argued that the challan was submitted within the stipulated timeframe and that the absence of the FSL report did not render it incomplete. Given the gravity of the charges and the nature of the allegations, the state maintained that the petitioner was not entitled to default bail.

Court’s Decision:

Upon careful consideration of the case, the court concluded that, in cases of sexual assault, a chargesheet is deemed complete based on the statements of the prosecutrix and other relevant evidence. This includes medical reports, birth certificates, and other incriminating materials. The absence of the FSL report does not render the chargesheet incomplete in such cases.

The court referred to previous judgments, such as State of Haryana vs. Mehal Singh and others, 1978 AIR (P&H) 341, and ‘Rakesh alias Moni vs. State of Haryana,’ to support its conclusion. It underscored that the primary role of the FSL report is to corroborate the prosecution’s version and is not a prerequisite for considering the chargesheet as complete.

The court further clarified that the court can take cognizance of the offense based on the chargesheet filed by the investigating agency. The absence of the FSL report does not render the chargesheet incomplete. Consequently, the court found no legal deficiencies or errors in the trial court’s decision and dismissed the petitioner’s plea.

Conclusion:

The recent ruling by the Punjab and Haryana High Court clarifies the requirements for chargesheets in cases under the POCSO Act. In sexual assault cases, the statements of the prosecutrix and supporting evidence, rather than the FSL report, are the key components of a complete chargesheet. This judgment provides a clear legal framework for filing chargesheets in such cases, emphasizing the significance of the prosecutrix’s statements and other relevant evidence.