Source: Supreme Court

Why in News?

Recently, a division bench of Justices Abhay S. Oka and Ujjal Bhuyan rejected One Day Trial in a case of Protection of Children from Sexual Offences Act, 2012 (POCSO).

• The Supreme Court rejected allowed the One Day Trial in the case of Bablu Yadav v. State of Bihar.

What was the Background of Bablu Yadav v. State of Bihar Case?

• Facts of the Case:
  • The accused was convicted of offences punishable under Section 376 AB of the Indian Penal Code, 1860 (IPC) and Section 4 of the POCSO Act.
  • The incident involved the appellant enticing an eight-year-old victim female child, taking her to a shop and then to a ‘Bagaan’ where he committed penetrative sexual assault.
  • The victim disclosed the incident to her mother, leading to the filing of a police report on the same day of the incident.
  • The trial was conducted swiftly in one day, with the entire process, including framing of charges, evidence recording, and judgment, being concluded in one day, on 15th December 2021.
• Opinion of the Patna High Court:
  • An appeal against the trial conducted in one day was preferred before the Patna High Court.
  • The High Court observed that the trial court had shown haste in concluding the trial within a day, which was in violation of principles of natural justice and Article 21 of the Constitution of India.
  • The High Court further held that the accused was not afforded a fair trial due to the swift proceedings.
  • Therefore, the High Court quashed the impugned Judgment and Order, remanding the matter back to the trial court for a fresh trial from the stage of framing of charges.
  • The Patna High Court clarified that its decision did not imply any opinion on the merits of the case but focused solely on the denial of fair trial rights to the accused.
• Case Before Supreme Court:
  • A Criminal Appeal was preferred before the Supreme Court against the order of High Court to conduct fresh trial.

What were the Court’s Observations?

• The Supreme Court approved the High Court's approach and directed the State Government to appoint a Special Public Prosecutor under POCSO.
• The Supreme Court emphasized that the trial must adhere to the provisions of Section 309 of the Code of Criminal Procedure, 1973 (CrPC).
• The Special Court and Prosecutor were directed to proceed with fresh trial.

What is the POCSO Act?

• About:
  • The POCSO Act, enacted in 2012, stands as a landmark legislation aimed at safeguarding children from sexual abuse and exploitation.
  • It addresses the vulnerability of children and aims to ensure their safety and well-being.
  • It was enacted in consonance of the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations which was acceded by the Government of India on the 11^th December, 1992.
• Preamble:
  • It is an act to protect children from offences of sexual assault, sexual harassment and pornography.
    • And provide for the establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto.
• Major Dates:
  • Its enactment date is 19^th June 2012 whereas the POSCO was enforced on 14^th November 2012.
• POCSO Amendment Act, 2019:
  • POCSO was later amended by POCSO Amendment Act, 2019 which came into force on 16^th August, 2019.
  • The POCSO Amendment Act, 2019 introduced stringent penalties, inserted clause (da) in Sub-section (1) of Section 2 of POCSO defining child pornography.
  • It also inserted penetrative sexual harassment with on a child below sixteen years of age under Section 4 of the POCSO Act.
• Bail in POCSO:

What are Offences Under POCSO Act?