SC issues directives as POCSO cases pile up

With over 30,000 cases of child sexual assault under the Protection of Children from Sexual Offences (POCSO) Act 2012 pending at the trial stage in Uttar Pradesh alone, the Supreme Court on Tuesday issued elaborate guidelines for timely completion of investigation and trial in POCSO offences.

An apex bench of Chief Justice Dipak Misra, Justices AM Khanwilkar and DY Chandrachud directed all High Courts in the country to set up a judicial committee comprising three or such other numbers of judges to monitor and regulate trials pending before the special courts constituted under the Act to exclusively try various natures of sexual assault on children up to 12 years.

The High Courts were directed to issue timely instructions to these courts to fast- track trials by following a policy of no adjournments and by strictly following the procedure laid down under the Act.

The order came on a petition filed by lawyer Alakh Alok Srivastava, who complained about poor implementation of the POCSO Act by supplying list of pendency of cases State-wise except three States of Andhra Pradesh, Telangana and Rajasthan. The court noted that of all States, UP topped the pendency chart with 30,884 cases pending at various stages of trial. Maharashtra followed with 16,099 cases pending, and MP (10,117). Section 35 of the Act mandates completion of the trial as early as possible.

The directions by the court have added strength to the recent amendments to the POCSO Act introduced by the Centre mandating completion of investigation by police in two months, trial within the next two months, and disposal of appeals in six months.

As regards timely completion of investigation in these cases, the Bench directed the Director General of Police (DGP) or such other officer of equivalent rank to form a special task force to oversee investigation to ensure that it is timely and effectively conducted. Further the task force will monitor reasons of delay and ensure witnesses are produced on the dates assigned during the trial.

In addition, the apex court directed HCs to ensure that courts trying POCSO offences must provide a child-friendly atmosphere to win their confidence in testifying against perpetrators of such crimes.

The PIL filed by Srivastava had drawn the attention of the court to a sensational case relating to the brutal rape of an eight-month-old baby by her 28-year-old cousin on January 28 in a locality near Netaji Subhash Place in north-west Delhi. Since then, the child had to undergo two corrective surgeries to treat her ruptured private parts.