BENGALURU: The Karnataka High Court directed the State Government to take steps towards setting up of the requisite number of special courts to try cases under the Protection of Children from Sexual Offences Act (POCSO Act), and provide the necessary infrastructure and manpower to them. A special division bench of Justice BV Nagarathna and Justice MG Uma issued several directions while ruling that the non-compliance of Section 35 of the Act is not a ground to release an accused on bail.
According to Section 35, recording the evidence of the child should be made within 30 days of the special court taking cognisance and conclude the trial within one year from the date of taking cognisance of the offence. Noting that the requirement of Section 35 is for the benefit of the child victim and not for the accused, the court directed the government to appoint or post exclusively-trained prosecutors to handle cases before the special courts under the POCSO Act, which should be made forthwith wherever such prosecutors are not yet appointed.
“We direct that a dedicated unit be set up in every district hospital to attend to the child victim and provide proper medical facilities, and whenever necessary, referral to a private hospital be permitted,” the HC said, while directing the State Government to make available mental health professionals to every child, who could help the latter out of trauma, and for rehabilitation and reintegration. The cost of the same is to be borne by the state, it added. Further, the court directed the state to appoint adequate support persons to the child victims and conduct a study whether they are discharging their duties effectively and take immediate measures as per the study’s recommenda-tions.
The court observed that these directions should be complied with on a timely basis, lest the object and purpose of the POCSO Act stand diluted on account of the non-implementation of its provisions in its true letter and spirit by the state and ot her stakeholders.
Last but not the least, “we direct the presiding officers of all special courts to comply with Section 35 of the Act in the matter of recording of evidence of the child victim and the conclusion of the trial within the time stipulated under the said provision, so that the justice delivery system does not in any way contribute to the trauma, mental disturbance and anxiety of the child, which could lead to severe impact on the behaviour and personality of the child”, the court said.