Saturday, May 18, 2024

Delhi High Court expresses concern over POCSO victims made to interact with the accused during court hearing

A concern was expressed by the Delhi High Court over a situation where not only a POCSO victims is forced to potentially interact with the accused person but also be present in Court when the arguments is taken which is a revisit to unfavourable memories.

Justice Jasmeet Singh said that the psychological impact on a POCSO where the arguments range from allegations, accusations, doubting integrity and character.

The court said that the  victim is forced to be present in the Court with the accused that is the same person who allegedly has violated them.

The matter came up in an FIR that was  registered in 2014 raising allegations against a father by his own daughter.

 The case was registered under sec. 6 of Protection of Children from Sexual Offences Act, 2012 as well as sec. 376 and 506 of the Indian Penal Code.

The father challenged the trial court judgment where he was sentenced for 10 years rigorous imprisonment and fine.

The appeal was admitted in the High Court on February 18, 2020.
Observing that there was no reasonable chance that the appeal would be taken up for hearing in the near future, the Court allowed the plea to suspend sentence during the pendency of appeal.

The matter is now listed for directions on August 30.


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