The advisory has been issued to all POCSO (Protection of Children from Sexual Offences) courts by the chief justice of Delhi High Court containing a string of suggestions to ensure speedy trial in cases of child sexual abuse.
The advisory has been issued by the CJ of the HC on the recommendations of the Committee to regulate and Monitor the Progress of trials under the POCSO Act, constituted after the Supreme Court last May which directed all high courts to monitor and regulate trials in cases of sexual assault of children.
The advisory issued by the Delhi High Court Chief says the POCSO courts not to grant adjournments as far as possible and to conduct speedy trial because it stresses on the POCSO courts to comply strictly with all the provisions of Section 309 CRPC (power to postpone or adjourn proceedings) as far as possible and says that the statement of the child victim should be recorded on a day-to-day basis.
The advisory asked the Directorate of Prosecution, Delhi government, to ensure the presence of prosecutor in every POCSO case on each date of hearing without default to further ensure speedy trial.
There are many incidents of lawyers boycotting the accused in cases of child sexual abuse or the accused not being represented properly, the Chief Justice while stating in his advisory, also stated that the Delhi Legal Services may be requested to ensure that the presence of legal aid counsel for the assistance of accused in the event of him being not legally represented.
The advisory also states that the courts may comply to the provisions of admission/ denial of documents before the stage of framing of charges against the accused and that no accused shall be called upon to admit or deny any document unless represented by a counselor through legal aid.
Where the genuineness of a document is not disputed by any party, the same may be read with evidence by the court without examining the author of the document provided the court may require the author or any other person to appear and answer the questions even in a case where the document is admitted.
LEGAL NEWS WRITER: BHARTI GIRDHAR.