The High Court of Karnataka.
Credit: DH File Photo
Bengaluru: The Karnataka high court has observed that the delay in cases under Protection of Children from Sexual Offences Act (POCSO) Act, where offences are heinous based on facts that are horrendous, is a sad reflection of the legal and judicial system. The court said this while directing the special court to expedite the proceedings in a 2017 case pertaining to rape and murder of a five-year old girl in Bengaluru.
“It is in such circumstances, the entire criminal justice system is put to shame. Though the statute mandates completion within one year, there are scores of cases pending before the concerned courts despite passage of several years, even of offences of rape and under the provisions of the Protection of Children from Sexual Offences Act, 2012,” Justice Nagaprasanna said.
The petitioner before the high court is a woman, who was named accused number two in the case. It is alleged that after the co-accused committed rape upon the victim girl, the petitioner had threatened the little girl that she would kill her. The girl had died due to the sexual assault committed upon her.
In her petition, the accused woman sought permission to cross examine nine charge sheet witnesses. She contended that her request was rejected by the special court on June 14, 2024. It was submitted that the witnesses that are now sought to be recalled is for cross-examination and not for further cross-examination, as they have not been cross-examined at all.
On the other hand, the government advocate stated that the trial has been dragged on one pretext or the other and the trial is required to be concluded expeditiously considering the offence being heinous and the facts being horrendous. The court noted that the accused had filed two applications before the special court for recalling of the witnesses but did not avail of the opportunity.
“In the case at hand, the petitioner has not cross-examined the witnesses at all. Therefore, I deem it appropriate to grant one opportunity to the petitioner and the cross-examination of those witnesses, which should be completed on the dates on which they are fixed by the concerned court. It is granted with a rider that the petitioner shall not seek any adjournment for the purpose of further cross examination of any of the witnesses and no other application of the kind that is now presented before this court shall be entertained by the concerned court,” the court said while directing the special court to complete the proceedings in three months time, after giving opportunity to the petitioner to cross examine nine witnesses in a nine-day period.