[POCSO Act] Delay in examination of child victim will benefit accused, add to trauma of victim: Bombay High Court

Delay in examination of child victim under the Protection of Children from Sexual Offences (POCSO) Act will benefit only the accused, the Bombay High Court observed while issuing directions to all special POCSO courts in Maharashtra on recording evidence of child/victim [Atul Gorakhnath Ambale v. State of Maharashtra]..Single-judge Justice Revati Mohite Dere said that if the child/victim is examined expeditiously, he/she would be in a position to recall the incident vividly as it happened, and nail the perpetrator."Delay in examination of the child/victim would only stand to benefit the accused,” Justice Dere stated.She opined that delay in examination would only add to the trauma, as the child/victim will be required to re-live the sexual assault while deposing in Court.“Delay in trials in cases of sexual abuse of victims, often leads to re-victimization and ignominy, as the trial process itself makes the victim re-live the horrific experience. In case of small children/children of very tender age, due to their vulnerability, it may lead to further trauma,” the order stated..The High Court was hearing a bail application filed by a POCSO Act accused on the ground that there had been no progress in the trial despite an order calling for expeditious completion of the same. The Court was informed that the victim had not been examined since 2019.Justice Dere emphasized the importance of complying with the mandate of Section 35 of the POCSO Act which stipulates recording of evidence of child/ victim in an expeditious manner.“Younger the child/victim, the Courts to endeavour to record their evidence, keeping in mind the mandate of Section 35(1) of the POCSO Act, lest, the child/victim forgets the incident due to passage of time and through counselling,” Justice Dere stated..With these observations, Justice Dere issued the following directions to the all special courts in Maharashtra:to ensure that the deposition of the child/ victim is recorded as expeditiously as possible;to conclude the recording of evidence i.e. examination-in-chief and cross-examination of the victim preferably on the same day;to ensure that the victim/child is not called frequently to the Court, as this would add to victim/child’s trauma.avoid unwarranted adjournments; if adjournments required, then reasons be recorded;child friendly practices be taken/adopted to ensure that the child/ victim feels safe and not in any way exposed to the accused; andto ensure that the parents of the child or any other person in whom the child has trust or confidence, is present at the time of examination of the child..[Read order]