‘Puts entire judicial system to shame’: Karnataka HC expresses concern over long delay in trial of child sexual assault cases

The case came up before the high court in connection with a plea by one of the accused persons for an order to facilitate the cross examination of nine witnesses which had been disallowed by the trial court after the defence lawyer was absent for the cross examinations.

“Section 35(2) of the Pocso Act mandates closure/completion of trial, as far as possible, within a period of one year from the date of taking cognizance of the offence. Cognizance in the case at hand is taken in the year 2017, seven years have passed by, the offenders of law are yet to be brought to justice,” the high court observed in its orders.

“Delay in such cases, where the offences are heinous based on facts that are horrendous, is a sad reflection of the legal and judicial system. It is in such circumstances, the entire criminal justice system is put to shame,” Justice M Nagaprasanna of the High Court observed.

“Though the statute mandates completion within one year, here are scores of cases pending before the concerned courts despite passage of several years, even of offences of rape and under the provisions of the Protection of Children from Sexual Offences Act, 2012,” he said.

The HC, however, allowed the recalling of witnesses in the case in the Bengaluru Rural Pocso court to allow a cross examination of the witnesses by the defence but also ruled that the cross examination must be completed in nine days for the nine witnesses.

“In these circumstances, though granting the relief sought by the petitioner, I deem it appropriate to direct the concerned court to conduct the cross-examination of the witnesses on a day-to-day basis i.e., nine days from the date of its commencement, as there are nine witnesses to be cross-examined,” the Karnataka HC has stated.

“No adjournment on whatsoever ground shall be granted to the counsel for the accused for the purpose of cross-examination. From the ninth day – the day the cross-examination concludes the concerned Court shall conclude the trial within three months,” the HC said.