examining victims expeditiously in POCSO cases

Bombay HC calls for examining victims expeditiously in POCSO cases

In the case of A G A Vs. State of Maharashtra, the Bombay High Court on 02.02.2022 remarked that POCSO cases should be expedited and time is of essence in such cases.

The Applicant had applied for bail earlier which was rejected since the Court did not see any valid grounds to grant the same and had stated that since the survivor was only 11 years old, the trial should be expedited. In the present case, the Applicant applied for bail again, stating that despite the order for expedition, there was no progress in the trial. He submitted that he was HIV positive and required medical assistance.

The prosecution submitted that only one witness had been examined and the survivor was yet to be examined and the order of expedition was issued considering the fact that the survivor was 11 years old and she could forget the incident due to passage of time.

J. Revati Mohite Dere remarked-

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.”

The Court directed the Trial Court to submit a report explaining why there had been a delay in the progress of the trial.

– Vaishali Jain, Advocate & Associate – Child Safety at Work & Rhea Bazaz, Final Year Student, Symbiosis Law School, Pune

Comments are closed.