POCSO-Victims Entitled To Receive Information About Court Proceedings Including Status Of Bail Of Accused: J&K HC

A single bench of Justice Sanjay Dhar observed thus in view of the guidelines issued by the Union Ministry of Women and Child Development under Section 39 of the POCSO Act.

As per Guideline 2.2(ii) contained therein, Children have the right to information about the case in which they are involved…

Such information would include, inter alia, progress of the case; status of the accused, including his/her bail, temporary release, parole or pardon, escape, absconding from justice or death; status of convicted offenders and the enforcement of their sentence, including their possible release, transfer, escape or death; etc.

"In order to give a mandatory colour to the aforesaid guidelines, it is necessary to issue a Circular to all the Special Courts constituted under the POCSO Act within the Union Territories of Jammu and Kashmir and Ladakh, directing them to ensure that the victim/Child Welfare Committee is informed about the proceedings in bail petitions of the persons accused of having committed offences under the aforesaid Act by issuing prior notice to them," the Court thus observed.

The Registrar Judicial has also been instructed to place this order before the Acting Chief Justice Rajesh Bindal with a request to consider the matter regarding issuance of a Circular in the above terms.

In this case, Justice Dhar was adjudicating upon a bail application filed by one Badri Nath, who had been accused of sexually harassing a minor girl. The accused was charged under Sections 354-A (sexual harassment), 452 (House-trespass after preparation for hurt, assault or wrong­ful restraint) and 506 (criminal intimidation) IPC, and under Section 8 of POCSO Act (sexual assault).

The accused was initially released on interim bail for one month on account of COVID-19. But his application for extension of the interim bail was rejected by the Court. He then moved the instant bail application before the High Court

Justice Sanjay Dhar, in his judgment, also laid down that the presumption of guilt against the accused under Section 29 of the POCSO Act would come in to play even during the pre-trial stage. He went on to reject the bail application filed by the petitioner.

Also Read: Not Mandatory To Hear Victim While Considering Rape Accused's Plea For Default Bail: Kerala HC

Case Title: Badri Nath v. UT of J&K

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