IMPORTANT POINT
The court emphasized the necessity of upholding the statutory rights of child victims under the POCSO Act during bail proceedings to ensure fair access to justice.

JUDGMENT :

AJAY BHANOT, J.

1. Matter is taken up in the revised call.

2. Heard Shri M.P. Srivastava, learned counsel for the applicant and Shri Chandan Agrawal, learned AGA-I for the State.

3. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 516 of 2022 at Police Station-Chaubeypur, District-Varanasi under Sections 376, 120B I.P.C. and Section 16/17 of the POCSO Act. The applicant is in jail since 04.11.2022.

4. The bail application of the applicant was rejected by learned trial court on 06.07.2024.

5. From the records and the submissions of the learned A.G.A. it is evident that the victim has not been apprised of her rights to a support person and a legal counsellor. The records do not depict the appointment of support person or legal aid/counsel for a victim. Status of grant entitlements of the victim under the POCSO Act are also absent in the records of the State. This assumes importance in view of the fact that the victim is the daughter of the applicant.

6. The issue that arises for consideration in the bail application is the need and the manner to realize the rights of child victims under the POCSO Act offences in bail proceedings.

7. Victims under the POCSO Act are entitled for various support systems like support person, legal aid, medical care, counselling services and other beneficial schemes of the State Government. The child victims of sexual abuse are a most vulnerable class of citizens. The children of the said class are often incapacitated in their search for justice by other disabling circumstances like the trauma of the incident, social marginalization, financial penury, legal illiteracy and the like. Bereft the support systems guaranteed by the statute, child victims of sexual offences under the POCSO Act cannot prosecute their cases effectively before the competent court.

8. The realization of the statutory rights of child victims of sexual offences under the POCSO Act is the key to empower them to engage with the legal process on a fair footing. The statutory support systems enhance the capacity of the said victims to interface with officials and secure their rights. Empowerment of children who are victims of sexual offences is an imperative necessity to remove the barriers in their search for justice. And the same can be achieved by fruition of their statutory rights. Denial of rights vested in child victims of sexual offences by the POCSO Act during court proceedings will defeat the legislative intent of the statute and result in miscarriages of justice.

9. Various authorities have been created under the POCSO Act to uphold the rights of victims. The said authorities like police, Child Welfare Committee, District Legal Services Authorities, medical authorities, district administration are enjoined by the statute to provide the entitlements under the POCSO Act to victims like support persons, medical specialists, legal aid, beneficial schemes of the government and so on. Responsibility is cast on the courts/magistrates considering the bail applications in POCSO offences to ensure that entitlements of the victims are provided and the rights conferred by the said enactment are enforced. Faithful execution of the said responsibilities will ameliorate the disadvantages faced by child victims in legal proceedings.

10. The rights and entitlements of the victims under the POCSO Act can be realized at the stage of bails and during the trials only by bringing the concerned statutory authorities like Child Welfare Committee (C.W.C.) medical authorities and the police authorities within the scope of the jurisdiction of the learned magistrates/learned trial courts. The said authorities shall remain accountable to the learned magistrates/trial courts for the purposes of implementing the rights of the aforesaid victims during the course of various legal proceedings including bails. The said authorities have to apprise the trial court about the manner in which the rights of victim