Every year, thousands of cases involving crimes against children are reported across Gujarat, highlighting the critical need for timely and effective legal response. In Mehsana district alone, recent months have seen heightened efforts by local authorities to address such grave offenses swiftly. This article details the legal process of filing and pursuing a complaint for attempted sexual assault on a minor, using the recent case in Mehsana as a context to guide residents on necessary steps, documentation, and legal provisions.
What You Need Before You Start
Before filing a complaint for an attempted sexual assault on a minor in Gujarat, gather the following documents and information to ensure a smooth process:
- Identity Proof: Copies of the victim’s and complainant’s Aadhaar card or voter ID to establish identity.
- Address Proof: Recent utility bills or ration card indicating residence within the jurisdiction of the concerned police station, e.g., Mehsana’s A Division police station.
- Medical Report: A medical examination report (Medico-legal case report) from a government hospital such as GMERS Medical College, Mehsana, documenting the physical evidence of assault.
- Witness Information: Names and contact details of any witnesses or neighbors who might have observed suspicious activity or can corroborate the victim’s statement.
- Timeline Details: Specific dates, times, and locations of the incident(s), including any prior harassment or threats made by the accused.
- Mobile Phone Evidence: If the accused has communicated threats or pressured the victim via phone, screenshots or call records can be crucial.
Step-by-Step Process for Filing a Complaint in Mehsana
- Visit the Police Station: Approach the nearest police station with jurisdiction over the area of the incident. For the Mehsana case, the A Division police station is the designated authority.
- File an FIR: Submit a First Information Report (FIR) detailing the incident, the accused’s name (such as Sureshji Rajiji Thakor in this case), and all relevant facts. The police are legally bound to register the FIR under the Protection of Children from Sexual Offences (POCSO) Act.
- Medical Examination: Ensure the victim undergoes a medical examination at a government hospital within 24 hours of filing the FIR. This is mandatory under POCSO guidelines to preserve evidence.
- Legal Assistance: Seek assistance from legal aid cells or NGOs specializing in child protection, such as the Gujarat State Commission for Protection of Child Rights, for guidance through the judicial process.
- Follow-up with Police: Maintain regular contact with investigating officers to track the progress of the case, noting important updates such as charges filed under IPC sections 75(2), 78(2), 351(2), and POCSO sections 8 and 12.
- Court Proceedings: Attend court hearings as required, supported by the victim’s guardian and legal counsel to ensure protection and justice.
Important Details on Fees, Timeline, and Validity
Filing an FIR for crimes under the POCSO Act and IPC is free of charge. Victims and complainants should not pay any fees related to complaint registration or medical examination at government facilities.
The police are mandated to complete the investigation within 60 days of FIR registration under POCSO guidelines. However, delays can occur depending on case complexity.
The validity of the complaint remains intact throughout the judicial process until the case is resolved. The victim’s statement and evidence collected are admissible in court irrespective of the time elapsed since the incident.
Common Questions Answered
- What if the accused threatens the victim after filing the complaint?
Victims can request police protection and lodge additional complaints under IPC sections related to intimidation and harassment. Local police in Mehsana provide witness protection schemes in serious cases. - Can the complaint be withdrawn after filing?
Under the POCSO Act, complaints cannot be withdrawn by the victim or their guardians to ensure the child’s protection and legal accountability. - How can parents support the victim during the process?
Parents should provide emotional support, ensure regular medical and psychological counseling, and cooperate with police and legal authorities. NGOs in Gujarat, including those in Ahmedabad and Gandhinagar, offer counseling services.
Tips and Common Mistakes to Avoid
- Do not delay filing the FIR: Prompt reporting reduces evidence loss and strengthens the case.
- Avoid giving incomplete statements: Provide full and precise details at the time of complaint to prevent complications later.
- Use government medical facilities: Avoid private hospitals for medico-legal examinations to ensure the report’s acceptance in court.
- Do not confront the accused directly: This could jeopardize victim safety and legal proceedings.
- Keep a record of all documents and communications: Maintain copies of FIR, medical reports, and police correspondence for reference.
Recent incidents in Gujarat, such as the tragic case in Surat where a 15-year-old sought abortion after rape and the abduction of a 17-year-old girl from Patan village, underscore the urgent need for awareness and effective legal recourse. The Mehsana case similarly highlights the vigilance required from parents, communities, and law enforcement to protect children.
Next Steps:
- Immediately report any suspicion or knowledge of sexual assault to the nearest police station.
- Ensure the victim receives prompt medical and psychological care at recognized government facilities.
- Consult legal aid services available through Gujarat’s state commissions or NGOs for guidance and support.

