The Bombay High Court has directed the Mumbai Police not to file a chargesheet against a 15-year-old girl booked under the Protection of Children from Sexual Offences (POCSO) Act for allegedly sending sexually suggestive messages to her classmate and her mother.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad questioned the police’s decision to apply the POCSO Act in a case involving two minors. “Why has the police registered the case under POCSO? There is no POCSO,” the bench observed, highlighting the overreach in the investigation.
The court was hearing a petition filed by the accused girl through her father, seeking to quash the FIR registered by the Kandivali police on July 10. The complaint was lodged after a 15-year-old girl reported receiving obscene messages from an unknown number that claimed to be in love with her. Mistaking the sender for a man, the complainant blocked the number, but similar messages continued appearing on her social media posts.
Soon, even the victim’s mother began receiving messages of a similar nature. When both blocked the number, the sender created a WhatsApp group with the victim’s friends and continued sending explicit texts, prompting the family to approach the police.
During the investigation, police discovered that the sender was actually the complainant’s classmate — another 15-year-old girl — who claimed she was merely playing a prank without understanding the legal implications.
The girl later approached the High Court seeking relief from the FIR, arguing that the incident was a childish mistake and not a sexual offense.
Additional Public Prosecutor S.C. Gavand told the court that the POCSO charges were filed based on the initial complaint, as the sender’s identity was unknown at the time. “During the investigation, it was revealed that the messages were sent by a girl,” Gavand explained.
The petitioner’s advocate urged the court to ensure that the police do not file a chargesheet while the plea is pending. The bench agreed and instructed the prosecutor to inform the investigating officer about the ongoing High Court hearing.
The matter has been listed for further hearing next week.
