JUDGMENT Hon'ble Lok Pal Singh, J. Heard learned counsel for the parties. 2. Third bail application has been filed on behalf of the applicant. 3. It is the contention of the learned senior counsel for the applicant that the statement of the father of the victim has already been recorded, who has not supported the prosecution version. It is further submitted that father of the victim in his cross examination has stated that he is illiterate and he did not disclose date of birth to the teacher and the teacher on his own mentioned date of birth of the victim by considering his physique. Father of the victim also admitted in his cross examination that FIR was lodged at the dictation of the S.O. concerned. 4. From the perusal of the statement of P.W. 1 (father of the victim) it would reveal that he has supported the prosecution version in his examination in chief but, just to give advantage to the accused person, he made contradictory statement in cross examination and has not been declared hostile. 5. This Court is of the view that the Public Prosecutor, who conducted the trial failed to discharge his legal duties 2 as he did not move any application for declaring P.W.1 as hostile. It appears that Public Prosecutor is not at all serious in safe guarding the interest of the prosecution. 6. The trial is pending before the Additional Sessions Judge/ Special Judge (POCSO) Haridwar. The Presiding Officer also failed to discharge her duties. The Presiding Officer shall ensure that in case any of the witnesses got hostile, he should be declared hostile. The Presiding Officer should be vigilant in conducting the trial. In case, it comes to the notice of the court that Presiding Officer has failed to discharge her legal obligation, the matter shall be placed before Hon'ble the Chief Justice. 7. I do not find any good ground to enlarge the applicant on bail. The third bail application is rejected. 8. It is directed that the trial court shall explore all the possibilities to conduct the trial on day to day basis and the SSP shall ensure protection of the witnesses so that its reach to a just and logical conclusion. 9.
The third bail application is rejected. 8. It is directed that the trial court shall explore all the possibilities to conduct the trial on day to day basis and the SSP shall ensure protection of the witnesses so that its reach to a just and logical conclusion. 9. Registrar General of this Court is directed to circulate this order to all the Presiding Officers, who are conducting POCSO cases in the subordinate judiciary of the State, so that all the Presiding Officers may remain vigilant while dealing with the matter under the POCSO Act.