POCSO victim’s photo made ‘viral’, HC allows prayer for further probe

Kolkata: In a POCSO case where parents of the victim alleged that the police did not purposely arrest a particular person who allegedly made “indecent” photos of the victim viral on social media, the Calcutta High Court granted liberty to the petitioner (mother) to approach the special court with a prayer of further investigation under relevant provisions of the CrPC/BNSS.

The Bench of Justice Tirthankar Ghosh on Tuesday was hearing a case where in 2023 a minor, while going to her school, was taken to a Mandarmani hotel by one of the accused.

On the promise of marrying her, the accused forcefully took her “indecent” photographs and allegedly touched her inappropriately.

Thereafter, the victim was dropped near her school and threatened against disclosing the incident to anyone.

On another day, the victim was again asked to go to Mandarmani and on refusal, the accused and his brother made her “indecent” photos viral on social media.

When the girl’s mother confronted them, she was threatened by the brother of the accused and learnt there is a third person Md Harun who opened the Instagram and Facebook account to spread the photos and videos of the victim.

The petitioner’s counsel said that Harun was not brought to books by the police.

The state’s counsel submitted a probe report and said all the accused were chargesheeted except Harun who couldn’t be traced.

The state’s counsel said that despite giving several opportunities, the petitioner couldn’t point out the indecent photos in the social media accounts where they were uploaded.

The petitioner’s counsel said that the victim’s family gave a detailed representation to the district magistrate.

The court granted liberty to the petitioner to file an application before the special court praying for further investigation under 173 (8) CrPC or 193 (9) BNSS.

The court said the application must specify the details about the accused concerned and the grievance relating to dissatisfaction for non-performance of the probe.

The court directed that the special court must

dispose of such an application within 45 days from the date of receipt.