Record victim’s statement within month of cognisance by court: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, March 23

In a direction liable to change the way a trial is conducted in theProtection of Children from Sexual Offences (POCSO) cases, the Punjab and Haryana High Court today made it clear that the statement of the victims was required to be recorded within a month of the cognisance by the Special Courts.

Justice Arvind Singh Sangwan also ordered the circulation of instructions in this regard among all District Attorneys in the State of Haryana. The direction by Justice Sangwan came on a petition filed against the State of Haryana and other respondents by an accused for regular bail in a case registered on May 22, 2019, at the Model Town police station in Panipat district.

Justice Sangwan, on the previous date of hearing, had observed that the complainant/eyewitness or the victim were to be examined at the first instance as a matter of practice. But the statement of the victim and her mother had not been recorded, while the petitioner was continuing in judicial custody for more than one year and eight months.

“In view of the same, the District Attorney, Panipat, is directed to submit an explanation as to why the statement of the victim and her mother was not recorded at the first instance when the trial started,” Justice Sangwan had asserted.

As the case came up for resumed hearing, Panipat District Attorney submitted an affidavit stating that necessary instructions had been issued to all persons concerned/Special Public Prosecutors. The instructions made it clear that the victims in the POCSO Act, 2012, would be examined at the first instance of their presence before the trial Court. A request would also be made to the Special Courts to examine the victims within a month of the cognisance in accordance with the timeframe under Section 35(1) of the POCSO Act.

Justice Sangwan asserted the show-cause notice issued to the Panipat District Attorney was dropped, considering among other things his undertaking that all-out effort would be made in future to comply with the provisions of Section 35(1).

“A copy of this order be sent to the Director Prosecution, Haryana, for circulating amongst all District Attorneys in the State to comply with the mandate under Section 35(1) of the POCSO Act,” Justice Sangwan concluded.

POCSO: Examine complainant at 1st instance

Justice Arvind Singh Sangwan, on the previous date of hearing, had observed that the complainant/eyewitness or the victim were to be examined at the first instance as a matter of practice. But the statement of the victim and her mother had not been recorded, while the petitioner was continuing in judicial custody for more than one year and eight months.