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This is an archive article published on September 14, 2013

Special court decides eight cases in nine months under POCSO Act

Ever since it was vested with special powers to decide cases under the Protection of Children from Sexual Offences Act (POCSO) Act,the Court of Additional District and Sessions Judge Shalini Nagpal decided the eighth case under the Act on Friday

Ever since it was vested with special powers to decide cases under the Protection of Children from Sexual Offences Act (POCSO) Act,the Court of Additional District and Sessions Judge Shalini Nagpal decided the eighth case under the Act on Friday.

The court was given additional powers to decide the cases in January this year. On Friday,the court held a man guilty for attempting to rape a four-year-old girl,where statements of all four prosecution witnesses had been recorded on the first day of prosecution evidence.

On February 13,the accused,Bhupinder (25),allegedly tried to rape the minor girl when her mother was not at home. The guilty was arrested on February 14 following a complain by the victim’s father,an auto driver.

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On September 12,another man was convicted for raping a 14-year-old girl. To protect children from offences related to sexual assault,sexual harassment and pornography,the Protection of Children from sexual offences bill was passed by the Parliament in 2012.

The POSCO Act provided for the establishment of special courts for trial of cases related to sexual offences against children,following which a special Court of Additional District and Sessions Judge Shalini Nagpal was constituted in January. In July,all Additional District and Sessions Judges were given the power to decide these cases.

Since its constitution,over 20 cases have been committed to the court of Additional District and Sessions Judge Shalini Nagpal,of which eight cases have been decided.

Of these eight cases,trial in four cases was concluded in one hearing while the remaining four took two to three hearings to complete the trial.

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While the court convicted the accused in six cases,in two cases the accused were acquitted as the victims or their parents turned hostile. Ensuring speedy trial in one of the cases,the court convicted the accused on the ninth day after the day charge-sheet was filed.

“The court is trying to work according to the requirements of the Act,which calls for earliest possible disposal of cases. The court is making best efforts to conclude the trial in one hearing. Statements of witnesses and accused are being recorded in one day. This is a very good legislation and can be used to protect children from sexual offences”,said public prosecutor Manu Kakkar.He further added,“In the case decided on Friday,statements of all witnesses were recorded in one day only.”

Meanwhile,in the remaining 13 cases,trial in three cases has been concluded.

While deciding a case where the accused Bir Bahadur (37) tried to sexually assault a three-year-old girl the court held,“Here is a case where a man has made an attempt to gratify his animal passion and sexual urge by carnal knowledge of a small child of tender years. The crime of sexual abuse of children is against basic human right and an attempt is no less serious. In such cases,public abhorrence of the crime needs a reflection through the verdict of the court in the measure of punishment. While awarding sentence the court should not only keep in view the rights of the criminal but also rights of the victim of the crime and society at large.”

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The court further observed that “Protection of the society and deterring the criminals is the avowed object of law and to show mercy in such a grave crime would be a travesty of justice.”

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