Karnataka HC slams delay in trial in POCSO case

The Karnataka High Court has said that the entire criminal justice system was put to shame as the trial in a case of rape and murder of a five-year-old girl has been pending for the past seven years.

The Protection Of Children from Sexual Offences (POCSO) Act, 2012, specifically mandates conclusion of the trial within a year, as far as possible.

The High Court observed that delay in such cases, where the offences are heinous based on facts that are ‘horrendous’, is a sad reflection of the legal and judicial system.

It also pointed out that though Section 35(2) of the POCSO Act mandates completion within one year, there are many cases pending before the trial courts concerned.

Justice M Nagaprasanna made these observations while stating that though cognisance in the criminal case was taken against the two accused persons in 2017 itself, the offenders are yet to be brought to justice.

One of the accused, Chandana, had moved the High Court for recalling nine witnesses for cross-examination on the ground that the trial court rejected the application, even though the accused’s advocate could not cross-examine the witnesses citing ill health.

However, the High Court noticed from the records that one of the reasons for the delay was due to repeated filing of applications on behalf of the petitioner for recalling witnesses for further cross-examination.

Based on this finding, the court permitted recalling of nine witnesses, as the right of their cross-examination was not availed by the accused, with a condition that cross-examination should be completed within nine days, and the entire trial should be completed within three months from the date of completion of cross-examination.