HC observes POCSO victim should not be traumatized again by re-living the incident/ Court proceedings which could be triggering for victim

The Single Bench of the Delhi High Court in the case of Babu Lal vs State consisting of Justice Jasmeet Singh observed that it is in the POCSO victim’s interest that she is not traumatised again by re-living the said incident/ Court proceedings which could be triggering for her.

Facts

This appeal was filed seeking setting aside of the impugned judgment and the order of sentence in the FIR registered u/s 376/506 IPC and Section 6 POCSO Act against his own daughter whereby the appellant had been sentenced for 10 years rigorous imprisonment and fine.

Observations of the Court

The Bench noted that the petitioner had an unexpired portion as 1 year and about 9 months of imprisonment left and opined that that the sentence of the applicant needed to be suspended as he had undergone a substantial portion of his sentence. It also noted that there were chances that if the sentence of the appellant was suspended, he may visit his wife and daughter at their native place which cannot be permitted. But if the sentence is not suspended, the entire sentence of the appellant may be undergone without the appeal being heard. 

The learned counsel for the appellant handed over certain suggested guidelines since many of the victims in POCSO cases were being made to appear physically or virtually in Court at the time of hearing of the bail applications, based on which it observed that:

“This has led to a situation where the victims are being forced not only potentially interact with the accused person, but also be present in Court when the arguments regarding the offence are being taken up for hearing. The psychological impact on a POCSO victim being present in Court is immensely grave as the arguments vary from allegations, accusations, doubting integrity, character etc. The prosecutrix/ victim is forced to be present in the Court with the accused that is the same person who allegedly has violated her. It is in the interest of the victim that she is not traumatised again by re-living the said incident/ Court proceedings which could be triggering for her.”  

Judgment ; 

The Bench directed that the sentence of the appellant be suspended during the pendency of the appeal subject to certain conditions given below and the application for suspension was thereby allowed:

1. The appellant shall furnish a personal bond with one local surety in the sum of Rs. 20,000/- to the satisfaction of the Trial Court.
2. He shall appear before the Court as and when the appeal is taken up for hearing.
3. The appellant shall not visit the State of Rajasthan under any circumstances whatsoever.
4. The appellant shall not connect with or be in touch with his wife or the prosecutrix.
5. The appellant shall provide his mobile number to the Investigating Officer (IO) concerned- at the time of release, which shall be kept in working condition at all times. The appellant shall not switch off or change the same without prior intimation to the IO concerned, during the period of suspension of sentence.
6. He shall report to the local Police Station on the first Monday of every month. He shall not be forced to sit for more than half an hour on any such occasion.
7. In case he changes his address, he will inform the IO concerned and this Court also.
8. The appellant shall not leave the country during the bail period and surrender his passport, if any, at the time of release before the I.O., if he has one.
9. The appellant shall not indulge in any criminal activity during the bail period.
10. The appellant shall not communicate with or come into contact with any of the prosecution witnesses, or any member of the victim’s family.

Case: Babu Lal vs State

Citation: CRL.A. 198/2020 

Bench: Justice Jasmeet Singh

Decided on: 1^st August 2022

Read Judgment ;

 

 

 

 

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