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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
N.S.SANJAY GOWDA, D. M. VYAS, JJ.
State Of Gujarat – Appellant
Versus
Sanjay Mangaji Thakor & Anr.- Respondent
R/Criminal Misc.Application (For Condonation Of Delay) No. 27814 of 2025 In F/Criminal Appeal 48244 of 2025
Decided On : 19-02-2026
| Table of Content |
|---|
| 1. state's appeal against acquittal. (Para 1) |
| 2. obligations under the pocso act. (Para 2 , 3 , 4 , 5) |
| 3. role of state in prosecuting crimes. (Para 6 , 7 , 8 , 9) |
| 4. amendments enhancing victims' rights. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. state's duty to inform guardians. (Para 17 , 18 , 19 , 20) |
| 6. procedure for notifying victims. (Para 21 , 22 , 23 , 24 , 25) |
| 7. state's duty to inform decisions. (Para 26 , 27 , 28) |
| 8. involving victims in proceedings. (Para 29 , 30 , 31 , 32 , 33) |
| 9. communicating action after investigation. (Para 34 , 35 , 36 , 37) |
| 10. obligations of the court to inform victims. (Para 38 , 39 , 40 , 41 , 42) |
| 11. providing access to judgment copies. (Para 43 , 44 , 45 , 46 , 47 , 48) |
| 12. adapting technology for victim updates. (Para 49 , 50 , 51 , 52) |
| 13. compliance and reporting requirements. (Para 53) |
| 14. adding victims as respondents. (Para 54) |
| 15. issuing notice on delay in appeal. (Para 55) |
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 stated that Section 31 of the POCSO Act stipulates that the provisions of the Cr.PC, save as otherwise provided under the POCSO Act, would apply to the proceedings before a Special Court, on the family or guardian of the child.
5. Section 40 of the POCSO Act confers a right on a child to take the assistance of a legal counsel of their choice for any offence under the POCSO Act and this right is made subject to the provisions of Section 301 of the Cr.PC.
6. Section 301 of the Cr.PC states that in cases where a private person has instructed a pleader to prosecute any person in any court, the Public Prosecutor or Assistant Public Prosecutor shall conduct the prosecution and pleader who has been instructed to prosecute a private person is required to act under the directions of the Public Prosecutor of Assistant Public Prosecutor. The said person is, however, permitted to file written arguments after the evidence is closed on securing the permission of the Court.
7. Section 302 of the Cr.PC also mandates that any Magistrate trying a case can permit the prosecution to be conducted by any person other than the police officer below the rank of Inspector, but no person other than the Advocate General or the Court Advocate or the Government Advocate or a Public Prosecutor or Assistant Public Prosecutor shall be entitled to do so without such permission.
8. These two provisions reflect the fundamental premise that for prosecution for the commission of a crime, though the crime is effected against a person, who thereby becomes a victim, is nevertheless considered as a crime against the State and it is only the State which can prosecute the offender for commission of the said offence.
9. The provisions of POCSO Act however deviates from this general principle and confers a right on the family or the guardian of the child and permits them to take
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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