PANAJI
The complainant, the victim's grandmother who resides with the family, had filed a police complaint with the Vasco Police on September 21 stating that one of her granddaughters had been tortured by the mother and her paramour.
The complainant added that the paramour, on his visits home, would touch the victim's body and hug her in a way which would make the child feel uncomfortable. The victim girl then narrated the matter to her grandmother, who found her crying profusely late in the night.
Since no FIR was being registered by the Vasco Police, the complainant approached JMFC Vasco with a petition under Section 156 CrPc, seeking registration of an FIR.
Defence advocate Savio Noronha said the victim's statement had been recorded in presence of an NGO member and the investigation officer at Vasco Police Station.
In her statement, the victim stated that her mother was having an extra-marital affair with a man and she did not want her father to know about it. On many occasions, the mother had twisted her daughter's wrist and had assaulted her with a knife, injuring the child.
In her statement, the minor victim also stated that her mother's paramour would touch her and hug her in way which made her feel uncomfortable.
Adv Noronha also argued that the report of the psychologist proved that the victim was undergoing counselling for an extended period of time as she was under tremendous depression and mental trauma due to the acts of her mother and the mother' paramour.
Adv Noronha sought to highlight that the minor's statement along with her grandmother's formal police complaint makes out several cognizable offences committed against the minor victim. He argued that it was the first duty of the Investigation officer to register an offence as per the mandate of Section 154 of CrPC, though preliminary inquiry has revealed that the offence was committed at Gwalior.
The court held that there was no harm in registering the offence and then following the procedure laid down under the law to conduct a police investigation.
After hearing the arguments of Adv Noronha, the JMFC Vasco partly granted the application and directed the police Inspector of Vasco Police Station to register offences against both the accused persons.
Acting on the order, the Investigating Officer has registered an FIR at the Vasco police station under Sections 509 (word, gesture or act intended to insult the modesty of a woman), 354 (Assault or criminal force to woman with intent to outrage her modesty), 354-A (sexual harassment), 354-D (stalking) , 324 (Voluntarily causing hurt by dangerous weapons or means), 506 (criminal intimidation)) read with 34 (common intention) of IPC and other offfences.
