In Smt. Mamta Tiwari vs. State of MP the court held that not informing the police about the rape of minor while requesting the accused not to commit rape would amount to the offence of aiding the accused under sections 16 and 17 of the POCSO act.
The facts of this case are that the woman working as a counsellor in Ashram Shanti, Hazira, Gwalior, got the information from the minor girl who lives in the ashram that she was continuously raped by the baba of the ashram.
During the investigation, police got to know that the woman already had knowledge about the acts of the baba and his behaviour with the girl. But despite informing the police she requested to the baba not committing the same act.
Subsequently, the trial court framed the charge against the woman under sections 16 and section 17 of the POCSO act.
Section 19(1) of the POCSO Act required that the person should inform the special juvenile police unit or local police about the misdeed committed with the minor.
The court after considering the facts and circumstances of the case held that the charges under section 16 and section 17 of the POCSO act are maintainable against her.