CHENNAI: Observing that special judges appointed to hear cases under the POCSO Act do not understand the scope and object of the Act, the Madras High Court has recommended special training to such judges to render proper justice to victims. Justice P Velmurugan passed the directions dismissing a criminal appeal challenging an order, passed against the convict for sexually abusing an eight-year-old, by a Mahila court.
The judge observed that the sentences pronounced by the lower court have to run consecutively, however, they were running concurrently. “It is pertinent to mention that the trial judge has failed to appreciate the victim’s age and not understood the relevant provisions of the Act.
Before posting any Sessions Judge to the Special Court, which deals with cases under POCSO Act, they have to be necessarily sensitised and imparted training through the TN State Judicial Academy,” the judge said, and directed the Registrar-General and the Director of the Academy to take steps for the same after getting approval from the Chief Justice, the Patron-in-Chief and Board of Governors of the Academy.
If the age of the victim is above 12 years, the commission of sexual assault falls under Section 7 of the Act, punishable under Section 8, and if the victim is aged below 12 years, it is termed as an ‘aggravated sexual assault’, which falls under Section 9(m), punishable under Section 10, observed the judge. Further, the minimum punishment for an offence under Section 7 is three years, whereas for the offence under Section 9(m) it is five years.
The judge pointed out that the trial court failed to look into the victim’s age at the time of occurrence and has wrongly convicted the accused only for three years instead of five. The court, not interfering with the trial court order, modified and ordered it to run consecutively. The trial court was also directed to take appropriate steps to immure him in prison to serve the remaining period of sentence.