Lawstreet Journal

Presence of Victim at Bail Proceedings of Accused Mandatory in POCSO Cases; Delhi HC Passes Direction for Strict Compliance [READ JUDGEMENT]

Lawstreet Journal 8 Jun 2020 8:02pm

Image courtesy: Lawstreet Journal Judiciary Presence of Victim at Bail Proceedings of Accused Mandatory in POCSO Cases; Delhi HC Passes Direction for Strict Compliance [READ JUDGEMENT]

On June 05, 2020, a Single Judge Bench of Justice Pratibha M. Singh of the Delhi High Court, in the matter of Miss G (Minor) Thr. Her Representative v. State of NCT of Delhi & Anr., passed comprehensive directions that Sessions Courts comply with the various order of the High Court as well as a statutory requirement of issuing notice to the complainant in all bail proceedings of the accused in the Protection of Children from Sexual Offences Act, 2012 (“POCSO”) case. 

 

Background of the Case: 

The Petition was filed to highlight a perennial and grave problem of hearing not being afforded to victims/complainants/informants, in bail applications filed on behalf of those accused who are facing trial under the provisions of Sections 376(3) (punishment for rape on a woman under sixteen years of age), 376AB (Punishment for rape a on a woman under twelve years of age), 376DA (Punishment for gang rape on a woman under sixteen years of age) or 376DB (Punishment for gang rape on a woman under twelve years of age) of the Indian Penal Code, 1860 as also under the provisions of POCSO. 

Here, the accused had filed one bail application, seeking interim bail on the ground of his wife’s illness. The interim bail application was taken up on May 05, 2020, by the Additional Sessions Judge and he was granted bail for one month till June 05, 2020. It was noticed that the offenses under which the accused had been charged, were Section 376 of the IPC… Continue Reading...


Tagged: POCSO   Protection of Children from Sexual Offences (POCSO) Act  
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