Kerala High Court closes case against police officer who spoke out against Walayar rape victim

justice A Badharudeen noted that the remarks in question were recorded by a journalist of 24 News as part of his investigative journalism and that SP Sojan was not aware that the remark would be broadcast by the media channel.

The court found that there was no indication in the complaint that Sojan intentionally made the comments knowing that they would be shared publicly or broadcast on news television.

Therefore, the court held that Sojan could not be held liable for the offence under Section 23 (making media statements without complete or authentic information or making statements likely to prejudice the dignity of child victims) of the Protection of Children from Sexual Offences Act (POCSO Act).

“It is stated that the prosecution materials do not show that the complainant (SP Sojan) disclosed anything knowing that it was intended for publication or broadcast by the media to constitute an offence under Section 23(1) of the POCSO Act. said the court.

The court, however, said that the plaintiff was free to file a criminal complaint against the media channel (24 News) and the reporter who had recorded Sojan's statement for violation of Section 23 of the POCSO Act.

“The rejection of this petition does not provide the complainant with an opportunity to take legal action against CW1 and the broadcaster.” said the court.