Appoint Lady Counsels To Represent Sexual Violence Victims, Especially Minor Girls: Allahabad High Court To HC Legal Services Committee

The Allahabad High Court has requested the High Court Legal Services Committee Allahabad to appoint lady counsels to represent the victims especially when the victims are minor girls.

The bench of Justice Ajay Bhanot was essentially dealing with the bail plea of a POCSO Accused when it noted that very few lady counsels appear to represent the victims from the side of the High Court Legal Services Committee. 

"The High Court Legal Services Committee, High Court Allahabad has been empanelled counsels to represent the victims. However, it is noticed that very few lady counsels have appeared for the victims. In such circumstances, the High Court Legal Services Committee, High Court Allahabad is requested to appoint lady counsels to represent the victims especially when the victims are minor girls," the Court said.

The Court further went on to deny bail to the POCSO Accused (in Jail since June 2021) who has been booked under Section 376 IPC and Section 3/4 of the POCSO Act and Section 3(1)(b) and Section 3(2)(v) of the SC/ST Act, 1989.

However, the trial court was directed to conclude the trial within a period of one year and to proceed with the hearing on a day-to-day basis to ensure that the above-stipulated timeline of one year is strictly adhered to.

The Court further directed the police and administrative authorities of the State to ensure that the coercive measures adopted by the court are given effect to in a scrupulous manner to ensure the presence of the witnesses on the appointed date before the trial court.

The trial judge was also directed to submit a fortnightly report on the progress of the trial and the steps taken to ensure that the trial is concluded within a stipulated period of time to the learned District Judge, Jaunpur.

In this very matter, since the victim is a speech-impaired person, therefore, considering her disability, the Court found that there was no delay in the lodgment of the F.I.R.

Significantly, the Court appreciated the prompt steps taken by the Child Welfare Committee, Jaunpur to ensure that the benefits and the protective provisions of the POCSO Act, 2012 read with POCSO Rules, 2020 are implemented without any delay in the service of justice.

Case title - Ashish Yadav v. State Of U.P And Another [CRIMINAL MISC. BAIL APPLICATION No. - 23834 of 2022]

Case Citation: 2022 LiveLaw (AB) 395

Click Here To Read/Download Order