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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. Panigrahi, J.
Jharana Khuntia – Appellant
Versus
State of Odisha & Ors. – Respondents
CRLMP No. 46 of 2023
Decided On : 12-01-2023
POCSO - Early Disposal of POCSO Case - The court directed the Special Court to ensure early disposal of a POCSO case, emphasizing the mandate of the POCSO Act to complete the trial within a specific timeframe.
Fact of the Case:
The petitioner sought direction for the early disposal of a POCSO case. The accused was released on bail but did not cooperate, leading to the cancellation of bail and issuance of a non-bailable warrant. The trial court took cognizance of the offense, but the accused was absconding, causing delay in the trial.
Finding of the Court:
The court emphasized the mandate of the POCSO Act to record the evidence of the child within 30 days and complete the trial within one year of taking cognizance of the offense. It directed the trial court to endeavor to complete the trial at the earliest possible.
Issues: Delay in trial due to accused's non-cooperation and absconding, and the mandate of the POCSO Act regarding the recording of evidence and trial completion timeframe.
Ratio Decidendi: The court's decision was influenced by the provisions of the POCSO Act, particularly Section 35, which mandates the recording of evidence of the child within 30 days and completion of the trial within one year of taking cognizance of the offense.
Final Decision: The CRLMP was disposed of, and the court directed the Special Court to ensure early disposal of the POCSO case.
JUDGMENT
Dr. S.K. Panigrahi, J. - This matter taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioner and learned Counsel for the State.
3. In this CRLMP the petitioner has sought for direction of this Court to the learned Judge, Special Court, POCSO, Dhenkanal for early disposal of C.T.(Special) POCSO Case No.42 of 2020 arising out of Kamakhya Nagar P.S.Case No.191 of 2020 for the offence under Sections 363/366/376(3)/376(2)(n) of IPC read with Section 6 of the POCSO Act.
4. Learned counsel for the petitioner submits that after submission of charge sheet the accused /opposite party No.4 was released on bail by order of this Court dated 07.09.2021 in BLAPL No. 9296 of 2020 with certain conditions including the condition of cancellation of bail in the event of violation of condition. But as the accused did not cooperate after release on bail, the bail bond was cancelled and N.B.W. was issued against the accuse/opposite party No.4.
5. From the case record it appears that the learned trial court vide order dated 231.09.2020 took cognizance of the offense under Sections 363/366/376(3)/376(2)(n) of IPC read with section 6 of the POCSO Act. When the case was posted for hearing, the accused was absconding and trial of the case could not proceed as per the provision laid down under Section 35 of the POCSO Act. Sectin-35(1) of POCSO Act, 2012 mandates that
'Period of recording of evidence of child and disposal of case-(1) the evidence of the child shall be recorded within a period of thirty days of the special court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the special court (2) The special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.'
6. In such view of the matter, the learned court in seisin over the matter shall endeavour to complete the trial at the earliest possible considering the mandate of the Act.
7. Accordingly, this CRLMP is disposed of.
8. Urgent certified copy of this order be granted on proper application.
(1) Statement recorded under Section 164 of Cr.P.C. made in the course of investigation by the victim child, cannot be considered as evidence recorded under Section 35 of POCSO Act.(2) If there is a ....
Point of law: POCSO Act – To appoint competent Special Public Prosecutors exclusively attached to the Special Courts dealing with matters under the POCSO Act, so that the time-frame under Section 35 ....
The court held that failure to give the accused an opportunity to file for discharge before framing charges violates the right to a fair trial under Article 21.
The court emphasized the necessity of timely consideration for bail applications to uphold procedural fairness in criminal proceedings.
The court mandates the prompt establishment of Special Courts and legal provisions under the POCSO Act to ensure the timely and sensitive handling of child sexual abuse cases.
The main legal point established in the judgment is the importance of a speedy trial, the presumption of innocence, and the discretion of the court in considering bail applications.
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