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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
N.S.SANJAY GOWDA, D.M.VYAS
State Of Gujarat – Appellant
Versus
Sanjay Mangaji Thakor – Respondent
JUDGMENT :
N.S.SANJAY GOWDA, J.
1. Being aggrieved by an order of acquittal, the State is in appeal. The order of acquittal was passed on 3rd August 2024. However, the appeal against that order has been preferred only on 16th December 2025 i.e., after a delay of 313 days. Hence, an application for condoning the delay has been filed.
2. When considering the application for condonation of delay, we noticed certain requirements which are to be complied with in relation to offences under the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act”) and which have not been complied with. This has therefore compelled us to pass an order detailing the procedure to be followed by the Trial Courts while rendering their judgments, both under the POCSO Act and also under the CrPC and BNSS.
3. The POCSO Act being a special enactment, adherence to the provisions of the said Act and the rules would be essential. We are also considering the provisions relating to the very same issue involved that is involved in this appeal, with reference to the Code of Criminal Procedure, 1973 (for short, ‘Cr.PC’) and the BNSS in the later part of this order.
4. At the outset, it must be stat
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....
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....
Court mandates victim notification in bail applications under POCSO to uphold justice and victim rights.
A victim has the right to be heard in bail proceedings, especially in serious offences, as mandated by the Protection of Children from Sexual Offences Act and corresponding rules.
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....
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....
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 ....
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