BSF men accused of molesting 15-year-old be tried under POCSO : VPP

Shillong, Aug 30: The Opposition VPP on Friday demanded that the BSF personnel who were accused of pawning a 15 year old minor in Kuliang, East Jaintia Hills should be tried in the POCSO court since the Security Force Court has no jurisdiction.
While moving a call attention notice in the Assembly, VPP MLA from Mawlai, Brightstarwell Marbaniang said that as per the news report, one Martina Pohshna from Kuliang village had accused BSF personnel of pawning and sexually molesting her 15 year old daughter, and at the same time assaulting her husband at around on the night of June 19 and which continued till the wee hours of June 20.
According to him, the allegation made by the mother it is of a very serious in nature and unlike other incidents that had happened in the past since it involves a very serious allegation inviting the protection of children from sexual offenses which concer with the POCSO Act.
According to him, the POCSO Act is aimed at safeguarding children from a range of possible offenses such as sexual abuse and sexual misconduct.
“And therefore, as far as the POCSO Act is concerned, the Security Force Court has no jurisdiction. And if any BSF personnel are accused of the commission of an offense on the POCSO Act then it has to be tried by the POCSO Court,” Marbaniang said.
Meanwhile, he mentioned of a video clip which had been circulating in the social media, which is there for everyone to see the way these BSF personnel are behaving with the citizens, more so in the border areas.
“And what is disturbing is that these BSF personnel were seen in their civil dress since it is mandated that they should have their uniforms with them while performing their duties. So it is very difficult, even from the from the civilian point of view, to really know whether these people, whether they are gangster, or whether they are law enforcing agency,” the VPP MLA from Mawlai said.
Marbaniang mentioned that the BSF is being guided by the BSF Act of 1968 and Section 46 which specifically deals with civil offense, where the guilty if charge shall be liable to be tried by a Security Force Court.
He further stated that this is one of the reasons that on many occasions it is found that these BSF personnel who had committed many wrongs would seek refuge under the BSF Act 1968.
The VPP MLA reminded that the main objective of the border security force is to prevent cross border crimes and unlawful entry into or exit from the country, and the function of the BSF is to promote a sense of security among people living in the border areas.
“But so far, what we have witnessed in our state is that it is just the opposite. Many times, you’ll find that the BSF personnel, instead of creating or bringing about a peaceful atmosphere in the border areas, have created nuisance and created law and order situation in the border villages within our state,” he said.
In his reply, Deputy Chief Minister Prestone Tynsong informed that the investigation into the alleged attack by BSF is completed and is ready for chargesheet.
Following the incident, Tynsong who is in-charge of Home (Police) department informed that a case was registered at Khliehriat Woman Police Station with charges filed under Sections 457, 236, 354, 384, and 34 of the Indian Penal Code, read with Sections 7 and 8 of the POCSO Act.
Deputy Chief Minister further informed that the complainant and the victims were examined on June 20 and their statements were recorded, and all necessary steps, such as medical examinations, visits to the place of occurrence, and the collection of evidence, were conducted as per the law.