Delhi HC Directs For A Reformation And Rehabilitation Plan Of A POCSO Convict [Read Judgment]

The Single Bench of Justice Anu Malhotra has directed the Superintendent of Tihar to prepare an appropriate rehabilitation programme for the convict, by noting that 'the sentence acts as a deterrent and is simultaneously reformative with a prospect of rehabilitation.'

The direction has come in a criminal appeal wherein conviction under section 10 of POCSO and section 367 of the Indian Penal Code was challenged.

As per the prosecution's case, the accused had taken a child to his house in order to sexually molest him. He had asked the child to take his clothes off before he proceeded to commit an 'inappropriate act' with the said child. As the child started crying, the accused dressed him up and let him go.

While the court did not find any merit in the appeal to overturn the conviction ordered by the trial court, it relied upon the various judgements of the Supreme Court to emphasise upon the need to ensure reformation of the convict.

In light of the same, the court issued a direction to the jail Superintendent to prepare an appropriate reformation programme for the said convict. The said plan should include the following, if feasible:

1. appropriate correctional courses through meditational therapy
2. educational opportunity, vocational training and skill development programme to enable a livelihood option and an occupational status
3. shaping of post release rehabilitation programme for the appellant well in advance before the date of his release to make him self-dependent, ensuring in terms of Chapter 22 clause 22.22 (II) Model Prison Manual 2016, protection of the appellant from getting associated with anti - social groups, agencies of moral hazards (like gambling dens, drinking places and brothels) and with demoralised and deprived persons
4. adequate counselling being provided to the appellant to be sensitized to understand why he is in prison
5. conducting of Psychometric tests to measure the reformation taking place and
6. that the appellant may be allowed to keep contact with his family members as per the Jail rules and in accordance with the Model Prison Manual

In order to ensure compliance, the said Superintendent is directed to submit a bi-annual report to the court till the release of the convict.

Click Here To Download Judgment

[Read Judgment]