Delay In POCSO Cases Benefits Accused, Minor Victim May Forget Incident With Passage Of Time: Bombay HC Issues Directions For Expeditious Trial

Single judge Revati Mohite Dere said,

"this Court has come across several cases, where the child/victim's evidence is not recorded for years and hence, it would be appropriate to issue some directions to the trial Courts conducting cases under the Protection of Children from Sexual Offences Act ('POCSO')."

She accordingly issued the following directions to all the Special Courts in Maharashtra:

1. to ensure that the deposition of the child/ victim is recorded as expeditiously as possible,
2. to conclude the recording of evidence i.e. examination-in-chief and cross-examination of the victim, as expeditiously as possible, preferably on the same day, unless adjournment is warranted,
3. to ensure that the victim/child is not called frequently to the Court, as this would add to victim/child's trauma,
4. to avoid adjournments whilst examining the child/victim; if granted, reasons be recorded,
5. child friendly practices be adopted to ensure that the child/ victim feels safe, is comfortable, and that the child/victim is not in any way exposed to the accused,
6. to ensure that the parents of the child or any other person in whom the child has trust or confidence, is present at the time of examination of the child,

The single judge noted that under Section 35(1) of the POCSO Act, the evidence of the child/victim is to be recorded by the Special Court within a period of 30 days of taking cognizance of the offence and reasons for delay, if any, are to be recorded by the special Court. It is imperative to record at least the evidence of the child/victim, as expeditiously as possible, lest the minor forgets the incident due to passage of time or on account of counselling.

Early on the child/victim would be in a position to recall the incident vividly, as it happened and nail the perpetrator. In fact, if the child/victim is examined after a couple of years' delay, this would stand to benefit the accused. It is possible that the appearance of the accused may undergo some change, making it difficult for the child/victim to identify/recognize the perpetrator. It is also possible that the child/victim is from a different State and would want to go back to her hometown.

Delay in examination of the child/victim would also add to the trauma, as the child/victim has to re-live the sexual assault, whilst deposing in Court.

The single judge noted that, "These are some of the contingencies which are stated hereinabove, there could be many more. It appears that it is with this very solemn object, that the legislature in its wisdom specified the time frame within which the child/victim is to be examined, after the court takes cognizance."