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2020 Supreme(Ker) 607

Abhishek K. A. @ Bhanu, S/o. Asokan – Appellant
Versus
State of Kerala, Represented By The Public Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates Appeared:
For the Appellant : Sri. C.P. Udayabhanu, Shri Rassal Janardhanan A., Shri Abhishek M. Kunnathu, Sri. Boban Palat, Sri. Navaneeth N. Nath, Sri. P.U. Pratheesh Kumar.
For the Respondent: Smt. Ambika Devi S., Sri. Suman Chakravarthy, Spl. Govt. Pleader, Sri. Manu For Legal Service Authority, Sri. B. Jayasurya, Public Prosecutor.

ORDER :

In the course of the hearing of the above matter arising under the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act), a few disturbing facts concerning the implementation of the Said statute have come to the notice of this court. The POCSO Act is one that provides for protection of children from sexual assault, sexual harassment and child pornography by safeguarding their interests through a prompt and systematic multi-sectoral intervention involving the State Government, the Child Welfare Committee under the Juvenile Justice (Care and Protection of Children) Act, the Police, the Special Court, Non-Government Organizations and Professionals and Experts assisting the children. Unlike other penal statutes, the POCSO Act provides for the participation of the Child also in the proceedings before the Special Court to make the justice delivery effective and meaningful. Section 25(2) of the statute which mandates that copies of the documents specified in Section 207 of the Code of Criminal Procedure shall be given to the child or to his/her legal representative, upon the final report being filed in the case and Section 40 of the statute which provides that the c

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