POCSO victims are entitled to receive information about Court proceedings including status of bail of accused: J & K HC

Team SoOLEGAL 2 Jan 2021 4:23pm

POCSO victims are entitled to receive information about Court proceedings including status of bail of accused: J & K HC

While hearing a case in Jammu and Kashmir High Court, Justice Sanjay Dhar, in the case of [1]Badri Nath v. Union Territory of J & K th. Police Station Bari Brahamana (on 11.12.2020) said that the minor rape victims are sanctioned to get all the information of the accused including bail or parole or absconding of the accused.

In February, 2020, Child Welfare committee issued an order, mentioning that a member of the committee was informed by a minor girl that she was molested by her neighbour and wanted immediate action to be taken against it. The member formed a team to get in touch with the child. The victim and her mother appeared before the committee and the girl stated that the accused, their neighbour visited their house when the victim’s mother was admitted to the hospital, her brother was asleep and her father was posted in Chennai and started talking about irrelevant things and did obscene acts. The victim, after this, got sacred and locked herself in a room. After this, the victim informed the son of the accused and the son threatened the victim and this scared her even more because neither of her parents were around at that particular time.

 A FIR was registered by the police after the order of the Child Welfare Committee and the statement of the victim was recorded under Section 164 of Cr.P.C and investigations were conducted for offences under Section 354A, 452 and 506 of IPC and Section 8 of POCSO Act and the accused was arrested.

During COVID 19, the accussed was granted interim bail for 1 month which was extended upto 9th July, 2020. On 18th July, the petitioner again applied for extension of interim bail which was declined by the Trial Court and ordered the accused to surrender to the jail authority. The accused surrendered to the jail authority, according to this order.

The bail plea was maintainable, because if a bail application is rejected by a lower court then a higher court is entitled to entertain the same bail application.

The court referred to a case Gurcharan Singh & Ors vs. State (Delhi Administration), where the Supreme Court said that if a lower court does not accept a bail application, it  certainly does not bar a superior court from looking into the matter.

The court said that if an offence is committed under the POCSO Act, then there is a need of a special care to deal with the case. Provisions of Cr.P.C. for granting bail are applied at par with POCSO Act.

Tagged: POCSO victims   Jammu and Kashmir High Court   Justice Sanjay Dhar   Child Welfare committee   COVID 19   Supreme Court   POCSO Act   Delhi Administration  
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