A Delhi court has criticized an investigating officer (IO) for an unexplained six-year delay in filing a chargesheet in a POCSO case. 

Additional Sessions Judge Anu Aggarwal was hearing a plea seeking condonation of the delay when the issue was raised. 

Directing the Delhi Police commissioner to conduct an inquiry, the court sought accountability for the delay and asked whether a mechanism existed to prevent such lapses.  

In its order dated January 25, the court noted that the FIR was registered in April 2017 under IPC Sections 377 (unnatural offences) and 506 (criminal intimidation), along with Section 6 (aggravated penetrative sexual assault) of the POCSO Act.

However, the court noted that the chargesheet was filed only on December 24, 2024, after an extensive delay.  

The reasons cited for the delay included the IO’s transfer, heavy workload, personal issues, and the case file going missing.  

Dismissing these as not "plausible reasons," the court observed that no document was attached to the application to confirm whether the IO had submitted the final report to the police station’s record room after his transfer.

"It is clear that the chargesheet remained with the IO. The grounds as mentioned in the application are merely eyewash. IO kept the chargesheet with him for six years in such a serious offence and did not file the same," it said.

The court emphasized that the delayed filing of the chargesheet violated provisions of the Code of Criminal Procedure.

"The child was around seven years old at the time of the offence and now, he must be around 13-14 years old. I wonder how much he must be remembering about the incident after six years as memory fades with age and in the case of very small children, it fades even at a greater speed," the judge said.

ASJ Aggarwal further remarked that the IO had "favoured the accused" and undermined the victim's right to a speedy trial by causing the delay.

"It is clear that there is no mechanism of checks and balances at the police station to ensure that the chargesheets which have been sent to the court are filed in the court forthwith and it has been seen that in many cases, IO keeps file with themselves for many years without notice of anyone. This is particularly done in cases wherein the accused has not been arrested or is on bail," the court added.

The court directed the police commissioner to conduct an inquiry into the matter and submit a report by February 27.

"Commissioner of Delhi Police is also directed to file report if there is any mechanism to ensure that the chargesheet shall not remain with the IO and shall be filed in the court forthwith once the road certificate is issued (authorisation for taking the final report to the court) and if, there is no such mechanism, to device the same so as to ensure that there is no unnecessary delay in filing of the chargesheet," the court said.

Meanwhile, the court took cognizance of the offence based on the evidence before it and summoned the accused.