JUDGMENT :

G.S. Kulkarni, J.

1. The petitioner who is a social worker, working with child victims of sexual abuse and their families, across Mumbai and who is also performing the role as a support person in child sexual abuse cases in cases before the Child Welfare Committee, is before the Court pro bono publico, raising issues in regard to the rights of the children to participate in the trial of offences under the Protection of Children from Sexual Offences Act (for short 'the POCSO Act'). The petitioner raises a concern in regard to the implementation and compliance of Section 40 of the POCSO Act read with Rule 4 of the Protection of Children from Sexual Offences Rule, 2012 (for short 'the POCSO Rules').

2. The petitioner's case is : That he has come across several cases under the POCSO Act, in which the Courts and the police have overlooked or failed to give effect to the mandate of Section 40 of the POCSO Act read with Rule 4 of the POCSO Rules. The petitioner also raises a concern of the oblivity and non-recognition of the provisions of Section 439(1-A) of the Code of Criminal Procedure (for short 'Cr.P.C.') as inserted by the Act 22 of 2018 with effect from 21 April 2019 in cas