L. NAGESWARA RAO, B. R. GAVAI
In Re Children In Street Situations – Appellant
Versus
. – Respondent
| Table of Content |
|---|
| 1. writ petition for child witness evidence during covid-19 (Para 1) |
| 2. pilot project for video conferencing in child witness trials (Para 2 , 3 , 4) |
| 3. (Para 5 , 6) |
| 4. importance of child witness protection and rehabilitation (Para 7) |
| 5. procedure for evidence recording via video conferencing (Para 8 , 9) |
| 6. implementation and operational guidelines for rpcs (Para 10 , 11 , 12 , 13 , 14) |
ORDER :
1. This Writ Petition has been filed for the following reliefs:
2. Mr. Gaurav Agarwal, learned Amicus Curiae, proposed a pilot project, after having detailed discussions with the counsel appearing for the Petitioners. For the purpose of the pilot project, the learned Amicus Curiae selected four cases. Out of these, trial had commenced in two cases with respect to which, it was requested that directions be given for examination of witnesses by video conferencing. SC No. 151 of 2019 (State v. Rahmatulla) arises out of FIR No. 612 of 2018 dated 05.12.2018, registered under Sections 75 /79 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJ Act”), Sections 3 /3A/14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (“CLA”), Sections 16 /17/1
M.C. Mehta v. State of Tamil Nadu & Ors.
State of Maharashtra v. Dr. Praful B. Desai
Sakshi v. Union of India & Ors.
Points Of Law : If Remote Point Coordinator is not available on the day of the evidence of the witnesses being recorded for any reason, the Secretary, District Legal Service Authority shall act as th....
The POCSO Act mandates the protection of minor victims during trials, allowing testimonies via video conferencing to ensure psychological safety and prevent exposure to the accused.
The rejection of a minor victim's request for video conferencing testimony was overturned to ensure the protection and dignity of vulnerable witnesses under the POCSO Act, highlighting the judiciary'....
The court affirmed that video conferencing for witness testimony must comply with both High Court rules and mutual legal assistance guidelines, ensuring the witness's identity is verified.
The main legal point established in the judgment is the necessity of responding to the call of social distancing and ensuring the sanctity of testimony through video conferencing, in line with the gu....
(1) Statement recorded under Section 164 of Cr.P.C. made in the course of investigation by the victim child, cannot be considered as evidence recorded under Section 35 of POCSO Act.(2) If there is a ....
Each of the Court premises should have child friendly courts and vulnerable witness courts and in this regard, we direct all the District Judges concerned to ensure that child friendly courts are mad....
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