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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH
Sandeep Singh Alias Sonu S/o Karm Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. bail application details and defect notice. (Para 1 , 2) |
| 2. requirement of impleading victims in bail applications under pocso. (Para 3 , 4) |
| 3. historical context on victim rights in legal proceedings. (Para 8 , 9 , 10) |
| 4. amendments to the crpc regarding victims' rights. (Para 11 , 12 , 13) |
| 5. legislative definitions and rights of victims. (Para 14 , 15 , 16 , 17) |
| 6. clarification on victim participation in pocso cases. (Para 18 , 19 , 20) |
| 7. obligations on police regarding victim information. (Para 21 , 22 , 23) |
| 8. best interests and protections for child victims. (Para 24 , 25) |
| 9. clarification of additional safeguards under pocso. (Para 26 , 27) |
| 10. judicial expectations on victim inclusion in bail hearings. (Para 28 , 29 , 30 , 31) |
| 11. need for balance between victim rights and accused rights. (Para 33 , 34) |
| 12. implementation of guidelines for including victims in proceedings. (Para 35 , 36) |
| 13. provisions for court communications regarding victims. (Para 37 , 38 , 39) |
| 14. court's waiver on the need for impleading victims. (Para 40 , 41 , 42) |
| 15. next steps in bail adjudication. (Para 43 , 44) |
ORDER :
2. The office has pointed out the defect regarding non-impleadment of th
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....
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.
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 ....
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....
(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....
Court mandates victim notification in bail applications under POCSO to uphold justice and victim rights.
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....
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