"POCSO Victims Are Being Forced Not Only To Potentially Interact With Accused But Also Be Present In Court Hearings": Delhi HC Expresses Concern

The Delhi High Court has expressed concern over a situation wherein POCSO victims are being forced not only to "potentially interact with the accused person" but also be present in Court when the arguments regarding the offence are being taken up for hearing.

Justice Jasmeet Singh was of the view that the psychological impact on a POCSO victim being present in Court is immensely grave as the arguments vary from allegations, accusations, doubting integrity and character.

"The prosecutrix/ victim is forced to be present in the Court with the accused that is the same person who allegedly has violated her," the Court said.

The development ensued in an FIR registered in 2014 raising allegations against a father against his own daughter. The case was registered under sec. 6 of Protection of Children from Sexual Offences Act, 2012 as well as sec. 376 and 506 of Indian Penal Code.

The father had challenged the judgment of trial court as well as the order of sentence vide which he had been sentenced for 10 years rigorous imprisonment and fine. The appeal was admitted in the High Court on February 18, 2020.

The petitioner had later moved an application seeking suspension of sentence pending his appeal. The Court noted that as per the Nominal Roll, he had already undergone a sentence of 7 years 4 months and 25 days as on March 10, 2022, and also had a remission of 5 months 21 days leaving an unexpired portion of 2 years 1 months 14 days of the sentence.

Observing that there was no reasonable chance that the appeal would be taken up for hearing in the near future, the Court allowed the plea to suspend sentence during the pendency of appeal.

"There are chances that if the sentence of the appellant is suspended, he may visit his wife and daughter at their native place which cannot be permitted. However, at the same time, if the sentence of the appellant is not suspended, the entire sentence of the appellant may be undergone without the appeal being heard," the Court said.

At the outset, the appellant's counsel handed over to the Court some suggested guidelines in view of the fact that many of the victims in POCSO cases were being made to appear physically or virtually in Court at the time of hearing of the bail applications.

"This has led to a situation where the victims are being forced not only potentially interact with the accused person, but also be present in Court when the arguments regarding the offence are being taken up for hearing," the Court said.

It added "It is in the interest of the victim that she is not traumatised again by re-living the said incident/ Court proceedings which could be triggering for her."

Accordingly, the Court ordered that the suggested practice directions be sent to the Member Secretary, DHCLSC and DSLSA for their inputs.

The matter is now listed for directions on August 30.

Title: BABU LAL v. STATE

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