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ANIL LAXMAN PANSARE
Rohit – Appellant
Versus
State of Maharashatra – Respondent
JUDGMENT/ORDER
1. Heard the learned counsel for respective parties at length.
2. The appellant herein has made the victim as party respondent no.2 in the Appeal as well as application seeking suspension of sentence, being APPA (St) No. 8955/2023. This practice is followed in all appeals where the accused/appellant is convicted for the offence punishable under the provisions of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO Act').
3. On query as to why the victim has been made partyrespondent no.2, Mr. N.S.Giripunje, the learned counsel for the appellant submits that the victim is made party in terms of the law laid down by the Division Bench of this Court, in the case of Arjun Kishanrao Malge vs. State of Maharashtra.
4. With the assistance of the learned counsel appearing for the appellant and the learned APP I have minutely gone through the aforesaid judgment, and found that there is no such direction issued by the Division Bench.
5. The petitioner before the Division Bench was a social worker, working with the child victims of sexual abuse and their families across Mumbai. According to him, in several cases under the POCSO Act, the Courts and the
The victim and their family are entitled to be informed about the status of legal proceedings but are not required to be made parties in appeals or applications for suspension of sentence under the P....
The main legal point established in the judgment is the entitlement of the child to legal representation, participation in proceedings, and the mandatory presence of the informant or authorized perso....
The court affirmed that while the victim must be informed of bail proceedings under the POCSO Act, they are not required to be included as a party to such applications, promoting their rights to repr....
Victims must be informed of verdicts and have the right to appeal under the POCSO Act, mandating court procedures to facilitate such notifications.
Issuance of prior notice to victim/complainant for suspension of sentence in pending appeal preferred by the appellant/accused convicted under the offences against woman or child punishable under the....
Point of law: The POCSO Act, 2012 read with POCSO Rules, 2020 is a special legislation. It is open to the High Court on the administrative side to consider the feasibility of creating specific rules ....
The victim is not a necessary party to a Criminal Appeal from conviction for offences against woman or child, punishable under provisions of the IPC or POCSO Act. No such appeal would be defective in....
(1) Persons nominated in Section 439(IA), Cr.P.C. may not be obligated to attend but are certainly entitled to be present at hearing of bail application in POCSO Act, 2012 offences – Notice to victim....
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