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On Monday, November 17, the Madurai bench of the Madras High Court came down heavily on a police officer for neglecting crucial evidence against a BJP functionary accused of sending obscene text messages and voice notes to a 16-year-old girl.
A forensic report had conclusively established that the obscene chats originated from the WhatsApp account of BJP functionary Sahirsha alias MS Sha. Despite this, the then investigation officer, Annamayil, filed a closure report claiming it was a “mistake of fact,” effectively attempting to absolve Sha.
Raising concerns over attempts to dilute serious charges under the Protection of Children from Sexual Offences (POCSO) Act, Justice B Pugalendhi of the Madurai Bench of the Madras High Court rejected the closure report filed by Annamayil and ordered further investigation. The court further observed that inconsistent statements by the survivor cannot be grounds to discard the case when corroborative material exists.
Calling the officer’s conduct “highly condemnable,” Justice Pugalendhi said disciplinary proceedings against her must reach their logical end.
The court also refused to quash proceedings against Sha and dismissed Sha’s plea seeking to nullify the case pending before the Special POCSO Court in Madurai.
Sha was booked in 2024 after the survivor’s father found explicit messages on her phone and lodged a complaint. The girl’s mother, who had approached Sha for financial help, was also named in the case.
With the plea dismissed, the High Court directed the Special Court in Madurai to continue the trial against Sha, alongside a separate case filed by the survivor’s mother against the girl’s father.
The judge also warned against adults misusing the POCSO Act for personal or political motives, stressing that such misuse harms both innocent individuals and the integrity of the law. He reminded that adults filing false complaints under Section 22(1) of the Act can face up to six months’ imprisonment.