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‘Prisoners must be allowed to maintain family, personal ties’: Himachal Pradesh High Court grants parole to POCSO convict

Himachal Pradesh High Court POCSO Act Convict: Justice Virender Singh said that prisoners should be given an opportunity to address their personal and family problems and to maintain their links with society.

The Himachal Pradesh High Court granted six weeks' parole to a POCSO convict observing that prisoners should be given opportunity to resolve their personal and familial issues.to resolve their personal and familial issues.Himachal HC Parole Order: The Himachal Pradesh High Court granted six weeks' parole to a POCSO convict observing that prisoners should be given opportunity to resolve their personal and familial issues. (This image is generated using AI.)

Himachal High Court Parole Order News: The Himachal Pradesh High Court has granted six weeks’ parole to a POCSO convict, observing that prisoners should be allowed to maintain social ties and provided with opportunities to resolve their personal and familial issues.

Justice Virender Singh observed that the trial court had in a “mechanical” manner rejected the convict’s parole plea. The man had sought records from jail authorities to show his conduct during his six-year confinement in jail.

“They should also be given an opportunity to solve their personal and family problems and to enable them to maintain their links with society,” the court said.

The accused was tried under various provisions of the POCSO Act and sentenced to 20 years of rigorous imprisonment by a special court in Kanda.

He sought the reprieve of parole for “arranging appropriate measures for his family” in February this year before a district court. The court, however, rejected his plea on the district magistrate’s recommendation, pointing out that the crime committed by the man had adversely affected the “ideology of law, as well as the mind of the people”.

‘Sufficient cause’

The high court said that the February order of the district court, rejecting the man’s plea, did not pass the judicial scrutiny and noted it did not contain any reason for “rejection of the prayer.”

The high court underlined the convict’s parole request to socialise with family members as a “sufficient cause” and in line with the law that was aimed at reformation and rehabilitation of the prisoner.

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Ordering his release on parole for six weeks, the high court said that the previous rejection was done mechanically, without applying the judicial mind and without considering the objective of the laws.

The court referred to a Supreme Court judgment to decide whether the convict’s parole request on the ground to meet the family members, could be granted and if the rejection of his prayer, seeking his release on parole, was sustainable in the eyes of law.

Background

The accused was charged under various provisions of the POCSO Act and was sentenced to 20 years of rigorous imprisonment besides being imposed with a Rs 5,000 fine by a special POCSO court in 2023.

What is parole

Parole is a relief sought by the prisoner for releasing them with the suspension of their sentence. This release is conditional, usually subject to behaviour, and requires periodic reporting to the authorities for a set period of time. Parole is considered a reformative process.

Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More

 

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