Jaipur, January 8, 2025 : In a significant ruling, the Special POCSO Court-2 in Jaipur has directed DCP South to initiate criminal prosecution and disciplinary action against the station house officer (SHO) of Manasarovar Police Station and the investigating officers involved in a case where schoolgirls’ nude images were allegedly created using AI technology and posted on social media. The court found the investigation to be dubious and raised concerns over the mishandling of crucial evidence.
The court, led by Presiding Officer Tirupati Kumar Gupta, granted conditional bail to the four accused juveniles involved in the case, after considering their age and remorse. However, the court raised serious questions about the way the investigation had been conducted. The case involves the AI-generated nude photos of two schoolgirls, which were shared on a social media platform.
Flawed Investigation and Delayed Statements
The court observed that the investigating officers had adopted a differential standard in handling the case. Specifically, the court pointed out that two other accused individuals had also participated in the activities—requesting nude photos in obscene language and actively contributing to the group’s activities—but they were treated differently during the investigation. Furthermore, the court criticized the delay in recording Section 161 and Section 164 statements of the victim, with the victim’s statement being recorded eight months after the FIR and ten months after the incident. According to legal provisions, these statements should have been taken immediately after the incident, and the delay in this process was deemed punishable under IPC Section 166A.
The court also highlighted that despite knowing the victim’s age on the day of the FIR, the POCSO Act charges were not applied until ten months later, which is a serious violation of the Protection of Children from Sexual Offences (POCSO) Act.
Request for Bail by Defense
During the proceedings, Advocate Priyanka Parikh, representing the juveniles, appealed for their release on bail, arguing that the minors had shown remorse for their actions. She pointed out that the juveniles had been in custody since December 14, 2024, and their education had been significantly impacted. The defense further claimed that the minors’ involvement in the case was overstated, and they were not the primary perpetrators of the crime.
On the other hand, the government lawyer argued that the accused had created a group on Instagram, used AI technology to generate explicit content, and posted it online. The lawyer added that granting bail to the juveniles could have a negative impact on the school environment, as they might continue to cause disruption.
Next Steps
The court’s decision to send a copy of the order to the DCP South for action against the police officers highlights the failure of the authorities to handle the case appropriately. The case remains a point of contention in the legal community, with significant scrutiny on the police’s handling of child protection laws and investigation protocols.
Bhupendra Singh Chundawat is a seasoned technology journalist with over 22 years of experience in the media industry. He specializes in covering the global technology landscape, with a deep focus on manufacturing trends and the geopolitical impact on tech companies. Currently serving as the Editor at Udaipur Kiran, his insights are shaped by decades of hands-on reporting and editorial leadership in the fast-evolving world of technology.