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Orders Accelerated Trials For All Pending Rape And POCSO Court Cases
In a landmark decision, the has issued a comprehensive suite of directives to fast-track the trial process for sexual offences against women and children in Tamil Nadu. The division bench, led by Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, has intervened to address systemic delays that have left thousands of cases languishing in the state's subordinate courts.
A Call for Rectification
The petition was filed by a survivor of sexual assault who, after being targeted by two police constables in Tiruvannamalai, highlighted the institutional failure to adhere to . The court observed that the petitioner was not only seeking justice for her own ordeal but was echoing the plight of countless other survivors whose cases have remained stagnant long after the statutory periods prescribed for trial completion.
The Reality of Pendency
The court scrutinized data submitted by authorities, which revealed a sobering situation: 1,920 cases of rape and 18,518 cases under the are presently pending trial. Statistically, 76.7% of rape trials have surpassed the two-month prescribed under the proviso to , while over 54% of POCSO cases have exceeded the mandated by .
Key Observations from the Bench
Recognizing the severity of these statistics, the Chief Justice remarked:
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"These figures are sobering and this court does not propose to explain them away."
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"The
[...] is directed to continue the trial [...] on a
, without unnecessary adjournments."
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"The
and the
shall jointly ensure that every POCSO case in the State is tried by a duly constituted
[...] and that Presiding Officers of such courts receive training."
Legal Mandates and Systemic Reforms
To curb the culture of endless adjournments, the High Court has mandated that all trial courts strictly comply with the timelines under the BNSS. The has been tasked with reissuing circulars to ensure that evidence of child victims is recorded within of . Furthermore, the is set to conduct periodic, specialized training for presiding officers to instill .
The court has also tightened the leash on law enforcement, ordering the to ensure the effectiveness of the in each district, ensuring that investigations are thorough and that witnesses are produced punctually on all scheduled hearing dates.
Addressing Infrastructure Gaps
Beyond procedural changes, the High Court addressed logistical impediments. The bench directed the government to immediately fill vacancies in four POCSO courts at Cuddalore, Dindigul, Madurai, and Thoothukudi, while demanding a progress report within regarding the establishment of six additional, already-sanctioned special courts. By enforcing these systemic changes, the court seeks to replace the current climate of with a paradigm defined by accountability and timely justice.
