Madras High Court Directs Judicial Academy To Impart Training To Special Judge, IO, Prosecutors Dealing With POCSO Cases

The Madras High Court has directed the State Judicial Academy to impart training to the stakeholders dealing with the cases under the Protection of Children from Sexual Offences Act including the investigating officer, public prosecutor and Special Judge.

A single judge bench comprising of Justice P Velmurugan was dealing with a criminal appeal filed challenging a conviction order dated 25th November 2019 by Special POCSO Judge under sec. 4 of the POCSO Act.

"Hence, the State Judicial Academy is directed to impart training to the stake holders, dealing with the cases under POCSO Act, including the Investigating Officer, the Public Prosecutor and the Special Judge, who is dealing with the cases under the POCSO Act, after obtaining necessary permission from My Lord the Honourable Chief." The Court directed.

The Special Judge had sentenced the accused to undergo rigorous imprisonment for a period of 10 years with Rs. 15,000 fine and also directed the Taluk Legal Services Authority to pay compensation to the victim child of not less than Rs. 4 lakhs.

It was thus the case of the appellant that the victim girl had not made any allegations against him nor did she lodge any complaint against him and the victim has improved her version stage by stage.

It was also submitted that in her sec. 164 CrPC statement before the Magistrate, the victim had stated that the accused had had sexual intercourse with her only three times however the version was changed before the doctor at the time of medical examination by saying that the intercourse happened several times.

It was also argued that the trial court had failed to consider the discrepancies in prosecution's case and erroneously convicted the appellant based on the contradictory evidence of the victim girl.

On the other hand, it was submitted on behalf of the prosecution that the victim aged 16 years had clearly spoken about the offence committed by the accused which clearly attracts offence under the POCSO Act.

Hearing the submissions and the facts of the case at hand, the Court observed that cases of this nature under the POCSO Act, the Court cannot expect independent witness and the evidence of the victim itself would suffice to convict the accused, when it is trustworthy.

"The victim, who is aged about 16 years at the time of occurrence, has clearly narrated the incident and the involvement of the accused in the offence, which would clearly attract offence under the POCSO Act. In the case on hand, there is no reason to discard the evidence of the victim." The Court said.

Furthermore, the Court observed thus:

"Age of the victim child being 16 years, her capacity of understanding cannot be on par with an adult, who has completed 18 years. Even otherwise, if she has given consent for sexual intercourse, her consent is immaterial as she was a child under the definition of Section 2(1) of the POCSO Act. Hence the offence committed by the appellant would come under the definition of aggravated penetrative sexual assault under Section 5(l) punishable under Section 6 of the POCSO Act. But, neither, the prosecution nor the Special Judge framed charges under Section 5(l) of the POCSO Act."

Furthermore, dismissing the criminal appeal, the Court ordered thus:

"The trial Court has already directed the Taluk Legal Services Authority to pay compensation to the victim not less than Rs.4.00 Lakhs under Victim Compensation Scheme and this Court, in the interest of justice, enhancing the amount to Rs.5.00 Lakhs and the appellant is also directed to pay a compensation of Rs.5.00 Lakhs to the victim girl immediately."

Title: Renold Mike Tyson v. State Rep. by The Inspector of Police, Town Police Station

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