RE: ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS v. .
2019-11-13
DEEPAK GUPTA, RANJAN GOGOI, SANJIV KHANNA
body2019
DigiLaw.ai
ORDER : We have gone through the report of Shri Surinder S. Rathi, Registrar of the Supreme Court. In paragraphs 7.1 to 7.9 of the said Report, the relevant figures are mentioned, hich are being extracted below:- “7.1 Percentage share of different types of offences under POCSO (National Analysis): POCSO Offence Rounded Percentage Penetrative Sexual Assault {S.4} Aggravated Penetrative Sexual 32.1 24 Assault {S.6} Sexual Assault {S.8} Aggravated Sexual Assault {S.10} Sexual Harassment {S.12} Use of Children for Pornography {S.14 & 15} Abetment {S.17} 31 3 8 1 2 7.2 Gender-wise percentage of victimisation under POCSO FIRs: Girl Boy Other 80% 6% 14% 7.3 Age profile of Victims under POCSO: 0-6 yrs 4% 6-12 yrs 13% 13-16 yrs 60% 16-18 yrs 22% 7.4 Whether accused is Known/Stranger or Relative of victim: Friends & Neighbours 27% Relatives 7% School Staff 1% Other known person 56% Stranger 9% 7.5 Time taken in completion of investigation: Within 30 days 18% 31-60 days 17% 61-180 days 29% 181-365 days 16% More than one year 20% 7.6 Time taken by Police in depositing Samples with FSL Laboratory: Within 30 days 51% 31-60 days 19% 61-180 days 17% 181-365 days 6% More than one year 7% 7.7 Percentage of cases in which support person is provided: Support Person not provided 96% Support Person provided 4% 7.8 Percentage of cases in which interim compensation/final compensation provided: Interim Compensation NOT provided 99% Interim Compensation provided 1% Final Compensation NOT provided 99% Final Compensation provided 1% 7.9 Pendency of POCSO Cases in percentage (Sec.35(2) mandates trial to be completed within one year): Pending for more than 4 years 8% Pending for 3-4 years 10% Pending for 2-3 years 17% Pending for 1-2 years 28% Pending for less than 1 year 37% This report shows a shocking state of affairs. What to talk of trials, in 20% of the cases even investigation is not completed within one year. Virtually, no support persons are provided and no compensation is paid to the victims. Almost two-third of the cases are pending trial for more than one year. It appears that at all stages of dealing with POCSO cases commencing with the investigation up to the stage of trial, the time lines stipulated under the Act have not been complied with.
Virtually, no support persons are provided and no compensation is paid to the victims. Almost two-third of the cases are pending trial for more than one year. It appears that at all stages of dealing with POCSO cases commencing with the investigation up to the stage of trial, the time lines stipulated under the Act have not been complied with. From the report of Shri Rathi, it appears that one major reason for the inability of the stake holders to meet the deadline stipulated under the Act, is lack of awareness and lack of dedication in completing investigation, etc. within the time frame stipulated and also inadequacy of the number of courts which has resulted in cases remaining pending beyond the period mandated for completion of trial under the Act. We hope and expect that the Central Government will play a much more proactive role to ensure that trials of cases arising out of the POCSO Act are completed in the time frame laid down in the Act. We direct all the State Governments as well as the Union of India to do what is required to be done to ensure that all stages of investigation as well as trial, as contemplated under the Act, are completed within the time frame by creation of additional force for investigation. We further direct the Union of India and the State Governments to take steps for sensitization of officials associated with the investigation and also for creation or assignment of dedicated courts to try POCSO cases on top priority so that charge-sheets are filed within the mandatory period and trials are completed within the time frame contemplated under the Act. Report of the action taken will be placed before this Court and will be considered by a Bench headed by Hon’ble Mr. Justice Deepak Gupta. List the matter on 12th December, 2019. The response of the Union of India on the draft scheme of compensation filed before this Court by Shri Surinder S. Rathi, Registrar of the Supreme Court be also submitted in the course of the aforesaid period. We have also perused the report submitted by Shri Dharmesh Sharma, District & Sessions Judge (West), Tis Hazari Courts, Delhi and accede to his request for extending the time to complete the trial by 30th November, 2019.