The main legal point established in the judgment is the significance of CWC reports in bail proceedings under the POCSO Act, 2012, and the need for standardized evaluation systems and interdisciplinary engagement to determine the mental condition of victims and provide rehabilitation.

JUDGMENT :

1. The judgment is being structured in the following conceptual framework to facilitate the discussion:

I. Introduction:

2. The case at hand also requires consideration of the role of Child Welfare Committee[hereinafter referred to as ‘the CWC’] report in ensuring a just hearing to the victim in bail proceedings in offences under the Protection of Children From Sexual Offences Act, 2012[hereinafter referred to as ‘the POCSO Act, 2012’] . The POCSO Act, 2012 read with Protection of Children from Sexual Offences Rules, 2020[hereinafter referred to as ‘the POCSO Rules, 2020’] create a composite scheme to serve equal justice to victims, and the CWC report has a direct bearing on fair administration of bail jurisdiction and the trial process.

3. The prosecution case discloses that after the victim was abducted, the accused were chased and intercepted by the villagers. The F.I.R. was got lodged promptly. The accused were arrested at the spot and the victim too was recovered. Medical report was drawn up on the same day. The statements of the victim under Sections 161 Cr.P.C. and 164 Cr.P.C., accounts of the witnesses as well as medical report fully corroborated the prosecution story of abduction and rape. However subsequently the victim turned hostile in the trial. In these circumstances the implementation of the POCSO Act, 2012 and the role of the CWC reports in securing justice to child victims of sexual offences need to be examined.

4. The CWC report available with the learned AGA does not depict examination of socio-economic circumstances of the victim and of the accused persons. The appointment of the support person in this case was not preceded by requisite enquiries and made in a mechanical manner. Support person did not send any report regarding the victim’s condition to the CWC at any stage. The mental condition of the victim after the sexual assault was not adverted to in the report. These shortcomings had far reaching consequences on the trial. Protection and rehabilitation needs of the child victim in this case were absent in the report.

5. In summation the CWC report neglected various relevant aspects regarding the victim’s condition and is not in consonance with the statute.

6. This Court is finding that CWC reports are often deficient and not in conformity with the statutory parameters laid down in Rule 4 of the POCSO Rules, 2020. This creates impediments in fair administration of bail jurisdiction in POCSO Act offences and in dispensation of justice to child victims of sexual offences.

II. Submissions of learned counsel for both the parties on CWC report:

7. Shri Atmaram Nadiwal, learned counsel and Shri Dinesh Kumar Yadav, learned counsel for the applicant has made these submissions:

I. The applicant cannot be penalized for the failure of the Child Welfare Committee.

II. CWC report has no bearing on the bail application.

8. Shri Paritosh Kumar Malviya, learned AGA-I; Shri Rishi Chaddha, learned AGA and Ms. Sujata Chaudhary, learned AGA for the State made the following submissions:

I. CWC report is an indispensable feature of the POCSO Act and assists in securing justice to the victim.

II. CWC report is liable to be examined by the court while hearing bail in light of judgement rendered by this Court in Junaid