The expeditious recording of child/victim's evidence in cases of sexual assault, as mandated by the POCSO Act, is crucial to ensure justice and prevent re-victimization.

ORDER

1 This is the second bail application preferred by the applicant.

2 The first bail application was withdrawn as the Court was not inclined to enlarge the applicant on bail. The same is recorded in the order dated 15th October 2019. The said order dated 15th October 2019 reads as under :

'1. After arguing for some time, when the Court was not inclined to enlarge the applicant on bail, learned counsel for the applicant seeks leave to withdraw this application.

2. Accordingly, the application is dismissed as withdrawn. However, having regard to the age of the prosecutrix, i.e. 11 years, the trial of the applicant is expedited. '

3 Learned counsel for the applicant does not press this application for bail on merits. The grievance of the learned counsel for the applicant is that despite the trial having been expedited, having regard to the age of the prosecutrix i.e. 11 years, the evidence of the prosecutrix has not been recorded till date. Learned counsel for the applicant, however, seeks bail on medical grounds i.e. the applicant is HIV positive.

4 As far as interim bail sought on medical ground is concerned, it is not in dispute that the applicant is HIV+ve. However, the medical report tendered as of today, shows that the applicant's medical condition is stable and that he is being taken care of by the jail authorities. The report of the viral load sample is not yet received.

5 Considering the aforesaid, the application seeking bail on medical ground, is rejected. Needless to state, that the jail authorities shall provide all medical and necessary treatment to the applicant for his medical condition.

6 Needless to also state, that the applicant is at liberty to file a fresh application on medical ground, if the need so arises. If such an application is filed the learned trial Court to consider the same, having regard to the medical condition of the applicant, at the relevant time.

7 The trial Court to conclude the applicant's trial as expeditiously as possible and in any event, within six months from the date of receipt of this order.

8 Whilst hearing the bail application, it was noticed that despite expediting the trial, having regard to the age of the prosecutrix, aged 11 years, the recording of prosecutrix's evidence had not even commenced.

9 In the present case, the mother of the prosecutrix lodged an FIR/complaint on 6th February 2019 which was registered vide C.R. No. 37/2019 with the Mankhurd Police Station alleging offences punishable under Sections 376 (a) (b) and 342 of the Indian Penal Code and Sections 4, 5(M) (N), 8 and 12 of the POCSO Act.

10 According to the complainant (mother of prosecutrix), her daughter, aged 11 years, was sexually assaulted by the applicant. When the applicant preferred the first bail application, as the Court was not inclined to enlarge the applicant on bail, the said application was withdrawn by the learned counsel for the applicant. This Court, whilst dismissing the said application as withdrawn, expedited the trial, having regard to the age of the prosecutrix aged 11 years. Despite expediting the trial and despite the mandate of the POCSO Act, the prosecutrix was not examined till filing of this application. It appears that only when this Court passed an order on 2 nd February 2022 observing that the examination of the victims who are minor, should be completed as expeditiously as possible, that the prosecutrix's examination commenced on the very next day i.e. on 3rd February 2022.

11. It would not be out of place to mention that this Court has come across several cases, where the child/victim's evidence is not recorded for years and hence, it would be appropriate to issue some directions to the trial Courts conducting cases under the Protection of Children from Sexual Offences Act ('POCSO').

12 First and foremost, it is pertinent to note that under Section 35(1) of the POCSO Act, the evidence of the child/victim is to be recorded by the Special Court within a period of 30 days of taking cogniz