Kerala HC Quashes Criminal Case Against Police Officer Accused Of Making Derogatory Remarks Against Deceased Minor Victim In Walayar Rape Case

The Kerala High Court has quashed the criminal case against Superintendent of Police (SP) MJ Sojan, who was accused of making derogatory remarks about the deceased minor victims in the Walayar rape case.

The case was lodged under Section 23 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), which prohibits media statements that can harm the dignity of child victims.

The Single-Judge Bench of Justice A. Badharudeen observed that the remarks in question were recorded by a journalist from the 24 News channel as part of investigative journalism and that SP Sojan was unaware that his comments would be aired on television.

The Court noted that the complaint did not suggest that Sojan had made these comments with the intention or knowledge that they would be broadcast publicly. As a result, the charges under Section 23(1) of the POCSO Act could not be applied to him.

“It is held that prosecution materials do not support that the petitioner herein (SP Sojan) divulged anything knowing that the same was intended to be published or telecast through media so as to attract the offence under Section 23(1) of POCSO Act,” the Court observed in its order.

SP Sojan was part of the team investigating the deaths of two minor girls in the Walayar rape case, a matter that had sparked outrage across the state. During the course of his investigation, Sojan allegedly made comments implying that the minors had consented to sexual intercourse, a claim that deeply hurt the dignity of the victims' family, particularly their mother. These remarks were made during a private conversation with a reporter from 24 News, Shanoob Meerasahib. The conversation was recorded without Sojan's knowledge and later aired on the news channel. Following the broadcast, Sojan faced accusations under the POCSO Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, as the victims belonged to a scheduled caste.

The mother of the victims had filed a private complaint with the Palakkad special court, accusing Sojan of victimising her daughters by making false and derogatory statements about them during his investigation.

The Court found that while the derogatory remarks were indeed harmful, they were made in a private conversation and not intended for public dissemination. Therefore, Sojan could not be held criminally liable under Section 23 of the POCSO Act, which prohibits public statements that lower the dignity of child victims. It emphasized that it was not Sojan, but the journalist and the news channel who were responsible for airing the remarks without verifying their authenticity or the potential harm they could cause. The Court noted that SP Sojan did not intend for his comments to be telecast, and thus, he could not be held liable for their public broadcast.

"The functional assessment of the case indicates that 24 News Channel telecasted report and comments against the victims of rape which have the effect of lowering the reputation of the children/victims without an authentic information," the Court said. 

The Court further observed that there seemed to be selective prosecution, as the journalist and the news channel were not included in the original complaint. It clarified that while the case against Sojan had been quashed, the complainant still had the right to pursue legal action against 24 News and its journalist under Section 23 of the POCSO Act.

“Disposal of this petition will not stand as a rider for the complainant to move against CW1 (the reporter) and the channel in accordance with law,” the Court remarked, leaving the door open for further action against the media personnel involved.

The Court also directed its registry to forward a copy of the order to the Director General of Police (DGP), Kerala, recommending that an investigation be considered against the reporter and other officials from 24 News for their role in broadcasting the remarks without proper verification.

"Registry is directed to forward a copy of this order to the Director General of Police, Thiruvananthapuram for considering investigation as against CW1 and others, as per law, in view of the facts of the case discussed herein above, if found necessary," the Court directed.

Cause Title: MJ Sojan v. State of Kerala & Anr. [Neutral Citation No. 2024:KER:68990]

Appearance:-

Petitioner: Advocates Thomas J Anakkalunkal, Jayaraman S, Nirmal Cheriyan Varghese, Litty Peter, Anupa Anna Jose Kandoth, Dhanya Sunny, Ann Milka George.

Respondent: Senior Public Prosecutor Renjit George, Advocate PV Jeevesh

Click here to read/download the Order