High Court to Judge: Explain delay in examining Kid in POCSO Case

 

Alarmed that a minor survivor wasn't examined by a special Judge under the Protection of Children from Sexual Offences Act, 2012 since 2019, the High Court of Bombay has sought a report from him asking why she is not examined till date.

“In cases where the victims are minor, Pocso courts should at least complete the examination of the victim/prosecutrix as expeditiously as possible, lest the victims who are minor forget the incident due to passage of time, giving advantage to the accused,” said Justice Revati Mohite-Dere said in her Feb 2 order.

The Judge heard the second bail plea of the accused. His first bail plea was dismissed on Oct 15, 2019, as withdrawn as the High Court was not inclined to grant it. However, having regard to the age of the prosecutrix, that is, eleven years, the trial was expedited.

The accused’s lawyer said there is no progress despite the trial being expedited. Also, his client is HIV positive & requires medical assistance. The prosecutor said one witness was examined & the survivor is yet to be examined.

Justice Mohite-Dere noted: “The first order is of the year 2019 expediting trial of the applicant on the ground of the age of the prosecutrix, who was 11 years of age, lest she forgets the incident due to passage of time.”



She directed the Sessions Judge “to submit his report, as to why there has been delay in the conclusion of the trial & why the prosecutrix has not been examined till date”. She directed the prosecutor to submit a report on the medical condition of the accused & the advocate of the accused to submit the court roznama a brief description of proceedings of a case on a date of hearing on Feb 21. 

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