Children's Courts Notified For Speedy Trial Of Offences, Jurisdiction Of Criminal Courts Conducting Trial Not Taken Away: Kerala High Court
Tellmy Jolly
16 Nov 2024 11:00 AM IST
The Kerala High Court held that the Magistrate Court does not lose its jurisdiction to try criminal cases merely because the State Government has notified Children's Courts for the speedy trial of offences against children.
However, the Court stated that it is proper that the offences be tried by the Children's Court.The state government issued a notification in 2009 made under Section 25 of the Commissions for Protection of Child Rights Act, 2005 which stipulates that Special Courts are constituted or Sessions Courts are designated as Children's Court to ensure speedy trial of offences against children.
Justice P.G. Ajithkumar observed that the Children's Courts are notified for the specified purpose of trial of speedy offences against children and held thus:
“The Magistrate who held trial in these cases, is the forum competent ordinarily to try such offences. For the purpose of speedy trial only, the children's courts were specified. By such notification, jurisdiction was conferred upon the children's court in respect of offences against children or of violation of child rights. It cannot be said as result of such an interdiction, jurisdiction of the Magistrate to try the offences was taken away. But propriety demands that such offence should be tried by the children's courts.”
The second respondent in the criminal revision petitions is accused of sexually assaulting, committing unnatural offences and for threatening his students who are victims aged around 10 years in 2007.
He was sentenced and convicted by the Trial Court which was set aside by the Sessions Court, citing that the State Government had notified (June 03, 2009) the Sessions Court as the Children's Court under Section 25 of the Commissions for Protection of Child Rights Act, 2005.
On appeal, the Sessions Court remanded the cases for fresh trial, ruling that the Magistrate had lost jurisdiction and cases should have been transferred to the Session's Court after the government notified Session's Court as Children's Court.
Aggrieved by the order of the Sessions Court, the victims had approached the High Court.
The Court was thus considering whether a trial concluded before an ordinary Criminal Court could be set aside due to lack of jurisdiction after notification of the Children's Court
On analysing Section 25 of the Act, the Court stated that Children's Courts were notified to ensure speedy trial of offences against children or violation of child rights.
The court said, “Either in Section 25 or in any other provision in the Child Rights Act, no exclusivity for the children's court in the matter of trial of such offences has been created.”
The Court stated that the Magistrate Court ordinarily possesses the jurisdiction for trial of criminal cases and by notification of Children's Court, such jurisdiction cannot be said to be taken away from the Magistrate.
The Court further stated that setting aside the conviction and sentence of the Magistrate Court and fresh trial would cause inordinate delay. It also stated that calling the minor victims again for giving evidence was against the spirit of the POCSO Act. The Court added, “Although the provisions of the PoCSO Act have no application in these matters, the spirit of incorporating provision for a speedy trial in the cases under the PoCSO Act; similar are the cases here, shall be borne in mind.”
As such, the set aside the order of the Sessions Court. The Court further directed the Sessions Judge to proceed with the appeals.
Case Title: X v State of Kerala & Connected Cases
Counsel for Petitioners: Advocates K Rajeev, K K Dheerendrakrishnan
Counsel for Respondents: Public Prosecutor Noushad K A, Advocates P A Harish, V V Surendran
Case Number: Crl.R.P.Nos.1450 & Connected Cases
Citation: 2024 LiveLaw (Ker) 722
