POCSO Court Fines IO, Issues Bailable Warrant Over Delay In Filing Chargesheet

sexual assault case

In a notable order, a POCSO Special Court in Delhi, presided over by Judge Mona Tardi Kerketta, has taken strong exception to investigative delays in a pending sexual assault case.

The court issued a bailable warrant of ₹5,000 and imposed a ₹10,000 cost on the Investigating Officer (IO) for failing to file a supplementary chargesheet, despite having received the Forensic Science Laboratory (FSL) report months earlier.

Case Background

The matter relates to allegations by the victim against her uncle (fufa), father, and grandfather, reportedly arising from a family dispute. The alleged incident took place in September 2023, with the formal complaint registered on January 14, 2024. All three accused are currently on anticipatory bail.

According to case records, the FSL report was prepared and collected by a police constable on April 3, 2024. However, it was not submitted to the trial court, causing delays in the proceedings.

Court’s Earlier Observations

On August 5, the court had noted the unexplained delay, terming it a result of the IO’s “casual approach.” Advocate Aditi Drall, representing two of the accused, argued that the prosecution evidence was ongoing and the absence of the supplementary chargesheet was hampering the trial.

The court emphasised that once the FSL report had been obtained, it was the IO’s duty to promptly file it before the court. The inaction, the judge remarked, reflected a lack of diligence in handling a sensitive matter under the POCSO Act.

Directions & Penalty

In response, the court ordered the issuance of a bailable warrant against the IO and imposed a ₹10,000 cost, making it clear that failure to carry out procedural duties would not be tolerated. The judge further directed that if the IO was no longer posted at the concerned police station, the Station House Officer (SHO) must ensure the penalty was paid.

IO Appears, Files Report After Order

In a sudden turn of events, shortly after the order was passed, the IO appeared in court at 1:07 pm the same day. The officer submitted the supplementary chargesheet, including the FSL report and other supporting documents, which were formally endorsed by court staff.

With the supplementary chargesheet now on record, the matter has been listed for further prosecution evidence on September 18, 2025. The court’s stern action sends a signal that delays, especially in sensitive POCSO cases, will invite strict consequences for investigating officers.