Delhi Court acquitted POCSO accused implicated due to financial dispute: Ravi Drall Advocate
Delhi Special Court Judge acquitted five accused persons who were facing the criminal trial since last ten years in POCSO case. The rigrous provisions of POCSO were initiated against te accused persons when a case was lodged upon complainant statement of the victim who stated that accused persons were on two bullet bikes and forcibly stopped her on her way to home and took phone number of her sister also.
Advocate Ravi Drall appeared for accused persons and cross examinted the victim and her family mebers, during the trial witnesses were also produced from te side of the accused persons. Advocate Ravi Drall argued that the present case is nothing bu a misuse of provisions of POCSO Act, the present case is a counterblast to the cases filed by the friends of accused persons in Hisar, haryana. The background of the facts are that one of the accused was a financer who helped the father and brother of the victim in procuring the loan from a financer in year 2012.
After a considerablt time when the loan amount was not returened back, the accused asked the father and brother of victim to return money otherwise cheques given by them as a security will be given in court for recovery of amount. Even the cheque bounce cases were also filed in different courts. The victim and her family members hide these facts and got lodged false case. The statements of all the prosecution witnesses were contradictory and there were various improvements were made with an intention to cover the lacuna of case. Howvwer, considering all the circumstances, the Sessions court acquitted the accused persons in present case.
The Protection of Children from Sexual Offenses (POCSO) Act, 2012 was enacted by Govt. of India to safeguard children from sexual abuse and sexual offences. The Act clearly defines a child as any person below the age of 18 years. The POCSO Act provides punishment as per the gravity of offence.
The Act was further reviewed and amended in 2019 to Introduce more stringent punishment including the death penalty for Committing sexual crimes on children, with a view to deter the perpetrators & prevent such crimes against children.
The Government of India has also notified the POCSO Rules, 2020. Rule-9 of the POCSO Rules provides that the Special Court may, in appropriate cases, on its own or on an application filed by or on behalf of the child, pass an order for interim compensation to meet the needs of the child for relief or rehabilitation at any stage after registration of the First Information Report (FIR). Such interim compensation paid to the child shall be adjusted against the final compensation, if any.
As per the POCSO Rules, Child Welfare Committees (CWC), on receiving a report under sub-section (6) of section 19 of the Act or on the basis of its assessment, and with the consent of the child and child’s parent or guardian or other person in whom the child has trust and confidence, may provide a support person to render assistance to the child in all possible manner throughout the process of investigation and trial. Support person has been given responsibilities under the POCSO Rules, 2020 for ensuring the best interest of the Child such as,
- render assistance to the child in all possible manner throughout the process of investigation and trial [Rule – 4(8)];
- provides monthly report till the completion of trial, with respect to condition and care of child, including the family situation focusing on the physical, emotional and mental wellbeing, and progress towards healing from trauma, engage with medical care facilities, in coordination with the support person, to ensure need-based continued medical support to the child, including psychological care and counseling, and shall ensure resumption of education of the child, or continued education of the child, or shifting of the child to a new school, if required [Rule- 4(12)];
- inform about the developments, including the arrest of the accused, applications filed and other court proceedings [Rule- 4(13)];
- provide following information to the child and child’s parents or guardian or other person in whom the child has trust and confidence [Rule-4(15)]:-
- the availability of public and private emergency and crisis services;
- the procedural steps involved in a criminal prosecution;
- the availability of victim’s compensation benefits;
- the status of the investigation of the crime, to the extent it is appropriate to inform the victim and to the extent that it will not interfere with the investigation;
- the arrest of a suspected offender;
- the filing of charges against a suspected offender;
- the schedule of court proceedings that the child is either required to attend or is entitled to attend;
- the bail, release or detention status of an offender or suspected offender;
- the rendering of a verdict after trial; and
- the sentence imposed on an offender.