POCSO courts should examine victims in expeditious manner: HC

However, considering the age of the victim, who was 11 years old, the trial of the applicant was expedited by the HC.

The applicant was booked by Mumbai Police for offences punishable under sections 342 (wrongful confinement) and 376 (rape) of Indian Penal Code (IPC), and provisions of the POCSO Act for allegedly sexually assaulting the minor.

Advocates Sujay Gangal and Kuldip T Pawar, representing the applicant, stated that there was no progress, despite the trial being expedited. They submitted that the applicant was HIV positive and required medical assistance. The lawyers tendered a copy of the medical case papers of the applicant and the same was taken on record.

State government lawyer Anamika Malhotra said that till date, one witness has been examined in the present case and the victim was yet to be examined.

“The first order is of the year 2019 expediting the trial of the applicant on the ground of the age of the victim/prosecutrix, who was 11 years of age, lest she forgets the incident, due to passage of time,” the bench noted.

“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,” said Justice Mohite-Dere.

In view of “there being no progress in the trial,” the court ordered the sessions judge to file a report by February 17 as to why there has been delay in the conclusion of the trial and why the victim has not been examined till date.

The court also asked the applicant to produce “roznama” of the said case on or before February 17. The bench also asked the state’s lawyer to submit a report on the medical condition of the applicant on the next date of hearing on February 21.