Noting that disparity in the distribution is causing delay in deciding cases, the Bombay High Court has asked for an explanation from the Sessions Court Judge regarding the unequal distribution.
The single-judge bench of Justice Bharti Dangre noted that necessary directions are required to be issued to the Magistrates in connection with recording statement of victim immediately, as the delay at times, change the course of the trial.
Observing the chart indicating pendency of the POCSO cases before each court, the Court said that the Special Courts are also under severe pressure of concluding the trials and therefore it is not uncommon that the present case was not concluded.
The Court opined that it fails to understand why there is disparity in the distribution of cases.
Additionaly, the Court has asked for details o filing up of vacancies.
"Apart from this, since two posts are vacant, let the learned Principal Judge also apprise this Court about steps taken to fill up the vacant posts so that necessary directions can be issued for designated two courts for expeditious disposal of the cases, figure of which is alarming and the accused like present applicant are waiting for trial to be concluded since so many years."
The Court also asked for bifurcation of the years from which the cases are pending so that the reasons thereof can be ascertained and direction can be issued to expedite trials.
"The learned Principal Judge shall submit further report and analyze causes for delay in concluding the POCSO cases and why concerned courts are unable to adhere to the mandate, provided under the special statute keeping in mind objective underlining the same being less inconvenience and humiliation to be faced by the victim and by ensuring speedy trial."
The Court noted that in the present case if the trial is not concluded within six months as directed, the Applicant is at liberty to request for release on bail on the ground of long pendency of the case.
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(With input from news agency language)
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