Activist seeking speedy trial in POCSO cases asked to approach HC committee

The Bombay high court on Monday directed an activist who had filed a public interest litigation (PIL) petition seeking an expeditious trial in cases registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012, to approach an ad-hoc committee formed by the court in June

The Bombay high court on Monday directed an activist who had filed a public interest litigation (PIL) petition seeking an expeditious trial in cases registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012, to approach an ad-hoc committee formed by the court in June.

Mumbai, India - September 03, 2021: Bombay High Court at Fort, in Mumbai, India, on Friday, September 03, 2021. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT PHOTO)

A division bench of chief justice Dipankar Datta and justice Madhav Jamdar said it would pass orders on the PIL based on the outcome of the hearing before the committee.

The petitioner, Rashmi Taylor, has sought directions to the trial courts to take up hearing of POCSO cases in which chargesheets had been filed three-four years ago and complete it in a time-bound period.

Section 35 of the Act stipulates commencement and conclusion of the trial within a year and recording of the victim’s testimony within 30 days of the lower court taking cognisance of the case, but the provision is not being followed, the plea said. Failing to do so, the plea said, will not only increase the trauma of the victim but also favour the accused if the victim fails to give an accurate account of the incident in their testimony.

The bench said the issues raised in the PIL were administrative in nature and hence, the petitioner should appeal to the committee formed to look into the matters arising out of the POCSO Act.

The committee consisting of three sitting judges - justice Revati Mohite Dere, justice A S Gadkari and justice Bharati Dangre - was set up on June 23.

“We consider it appropriate to grant an opportunity to the petitioner, who has been working to uplift victims of sexual assault, to approach the committee and we are sure appropriate steps would be taken by it,” the bench said.