POCSO Act: All India High Courts Digest 2022

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here are some important decisions relating to the Protection of Children from Sexual Offences:1. POCSO Act Not Intended For Teenagers' Romantic Affair: Allahabad HCCase title - Atul Mishra v. State Of U.P. And 3 OthersCase citation: 2022 LiveLaw (AB) 51The High Court recently granted bail to a POCSO Accused who ran away with a 14-year-old girl (victim) due to a romantic affair between them. The Court noted that both of them fled away, got married in a Temple, and remained in company with each other for almost two years during which the girl even gave birth to a baby.The Bench of Justice Rahul Chaturvedi also remarked that it would be extremely harsh and inhuman to devoid the baby from parental love and affection on account of the fact that both the accused and minor victim loved each other and decided to get married.The Court, in a significant clarification also said that the scheme of the POCSO Act clearly shows that it did not intend to bring within its scope or limits, the cases of the nature where the adolescents or teenagers are involved in a dense romantic affair.2. Competency Certificate Of Child Witness Not Mandatory If It Understands Court's Questions & Answers Rationally: Allahabad HC In POCSO CaseCase Title: Amrita Nand @ Tribhuvan Arjariya @ Baba v. State of U.P. and Another.Citation: 2022 LiveLaw (AB) 122The Allahabad High Court held that the Competency Certificate of a child witness is not mandatory if the child gives rational answers to the court's questions and his testimony is unshaken, inspires confidence of the Court."Nowhere it is provided that certificate regarding the competency of the child witness is mandatory. If it is recorded, it is so far so good. But, if the court has put the question to understand his intellect to understand the question and if he replied the rational answer and thereafter his examination was recorded without recording the certificate regarding the competency of the witness and he was thereafter cross examined by counsel for the accused and had replied satisfactorily and given rational answer, therefore, in above circumstances not appending the certificate by the trial judge regarding the competency of the witness is of no consequence and it will not make his statement inadmissible," Justice Mohd. Aslam observed.3. Depth Of Penetration Is Immaterial In Offence Of Rape: Allahabad High Court Denies Bail To POCSO AccusedCase title - Chndra Prakash Sharma v. State Of U.P And AnotherCase Citation: 2022 LiveLaw (All) 172Stressing that the depth of penetration is immaterial in an offence of rape, the High Court denied bail to a man who committed rape on an 8-year-old girl. The Bench of Justice Sanjay Kumar Singh further observed that little girls are worshipped in our country, but the cases of pedophilia are increasing.The Court also said that a victim/female small child who experiences sexual abuse once in her life, tend to be more vulnerable to abuse in adult life, and in such cases, the healing is slow and systematic.4. Can't Presume That 8 Yr Old Victim Made Allegations Of Oral Sex Under Parents' Influence: Allahabad HC Denies Bail To POCSO AccusedCase title - Govind v. State of U.PCase Citation: 2022 LiveLaw (All) 173The High Court denied bail to a man who has been accused of committing oral sex with a 8 year old girl as it noted that mere long detention in jail does not entitle an accused for bail.The Bench of Justice Rajesh Singh Chauhan further noted that the victim/prosecutrix was about 8 years at the time of incident, and therefore, the Court said, at the stage of bail, it cannot be presumed that she gave the statement about oral sex under the influence of her parents.5. Appoint Lady Counsels To Represent Sexual Violence Victims, Especially Minor Girls: Allahabad High Court To HC Legal Services CommitteeCase title - Ashish Yadav v. State Of U.P And Another [CRIMINAL MISC. BAIL APPLICATION No. - 23834 of 2022]Case Citation: 2022 LiveLaw (AB) 395The Allahabad High Court has requested the High Court Legal Services Committee Allahabad to appoint lady counsels to represent the victims especially when the victims are minor girls.The bench of Justice Ajay Bhanot was essentially dealing with the bail plea of a POCSO Accused when it noted that very few lady counsels appear to represent the victims from the side of the High Court Legal Services Committee."The High Court Legal Services Committee, High Court Allahabad has been empanelled counsels to represent the victims. However, it is noticed that very few lady counsels have appeared for the victims. In such circumstances, the High Court Legal Services Committee, High Court Allahabad is requested to appoint lady counsels to represent the victims especially when the victims are minor girls," the Court said.6. Allahabad High Court Grants Bail To Accused As Parents Of 8 Y/O Sexual Assault Victim Refuse To Get Her...

POCSO Act: All India High Courts Digest 2022

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