"Indeed, Commendable": Bombay High Court Lauds Special Judge, Police Station, Lawyers For Completing POCSO Trial Within A Year

Specifically, the Bench comprising of Justice Revati Mohite Dere appreciated Special Judge VV Virkar for completing the trial within a year, and the Sindhudurgnagari Police station for its efficient investigation.

Commending the Special Judge, Justice Dere remarked,

The mandate of POCSO Act, to complete trial within 1 year, duly complied with. Indeed, commendable."

She went on to emphasize that Courts were to strive to ensure that cases, do not fall prey to the slow motion syndrome, which is lethal to the administration of justice, whatever the ultimate outcome.

She also observed,

"Speedy justice is a component of social justice, since the community, as a whole, is concerned in the criminal being condignly and finally punished within a reasonable time and if the criminal is innocent, he/she being absolved from the inordinate ordeal of criminal proceedings".

Terming the prompt, one month investigation conducted by the Sindhudurgnagari Police station a feat and a rarity, Justice Dere posited that the case could be used as an 'ideal case' by the police on how the investigation can be done.

"If cases are investigated with diligence, alacrity and promptness, in the manner as aforesaid and trial conducted in the manner, in which it has, the perpetrators of crime can be brought to book at the earliest", Justice Dere underscores in her judgment.

The Single Bench was hearing an appeal moved by one Jitendra Rajmohan Mazi against his conviction and sentence for sexual assault, kidnapping, criminal intimidation [Sections 376, 363, 366, 506(2) of the Indian Penal Code] and penetrative and aggravated penetrative sexual assault under Sections 3 to 6 of the POCSO.

The Special POCSO judge had convicted and sentenced the appellant to 12 years of rigorous imprisonment for rape, 5 years for kidnapping and 1 year for criminal intimidation. These punishments were to run concurrently.

Before the High Court, the Counsel for the Appellant Advocate Nareen Khaleeque argued that the prosecution had failed in establishing the Mazi's identity as the perpetrator of the offence. Additionally, the appellant challenged a DNA report that tied the blood found on the appellant's clothes to the minor victim.

Opposing the appeal, the Additional Public Prosecutor PH Gaikwad Patil insisted that that the evidence led proved beyond reasonable doubt that Mazi had committed the offence. Therefore, no interference with the impugned order was warranted, he said.

After hearing the submissions and examining the material on record, particularly the DNA blood match, Justice Dere upheld the reasoning adopted by the Special POCSO Judge.

"Considering the overwhelming material on record, no interference is warranted in the impugned judgment and order of conviction. Appeal is accordingly dismissed," the Court ruled.

In terms of the victim compensation scheme, the Court directed payment of compensation to the minor female survivor. In this respect, the District Legal Services Authority, Sindhudurg has been tasked with completing the necessary formalities and awarding the compensation, if not already done.

In addition to her appreciation for the Special Judge and the Investigating Team, Justice Dere made special mention of the efforts of Special Public Prosecutor AS Samant and the 'citizenry'.

She notes,

"In the present case, the police of Sindhdurgnagari have done a remarkable job and so has the prosecutor of the trial Court. Needless to say, it could not have been possible without the cooperation of the prosecutor and defence lawyer. The efforts of the citizenry, in assisting the police, apprehend the appellant, at the earliest, coming forward to depose before the Court as responsible citizens and by standing by their statements, also needs to be acknowledged and appreciated."

With a parting direction to the registry to forward a copy of the judgment to the District Legal Services Authority and the Maharashtra Director General of Police, the appeal was dismissed.

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