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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.
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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.