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Supreme Court of India 2022-11-02 allowed

The State of Maharashtra & Anr vs Dr. Maroti s/o Kashinath Pimpalkar

Bench: 2 — Ajay Rastogi, C.T. Ravikumar

In Brief

The State of Maharashtra challenged the High Court's quashing of an FIR and chargesheet against a medical practitioner (Dr. Maroti) who allegedly failed to report sexual offences against 17 minor tribal girls in a school hostel, despite having knowledge of the assaults. The Supreme Court held that a legal obligation exists to report offences under the POCSO Act, and failure to do so is a serious crime. The Court ruled that the High Court cannot assess credibility of witness statements under Section 482 CrPC—that is a trial court function—and thus improperly quashed the proceedings. Overturning the High Court's judgment, the Court allowed the appeal and restored the prosecution.

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Child Sexual Abuse Protection of Children from Sexual Offences Act Criminal Procedure High Court Powers Evidence Section 482 CrPC Duty to Report Tribal Rights Medical Negligence

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