XXX Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present C528 application has been filed by the applicant-victim for a direction to learned FTC/ Additional Sessions Judge, Dehradun, to expedite and conclude the proceedings of Special Sessions Trial No.167 of 2023 State Vs. Anshul Yadav and Another, u/s 354 IPC and u/s 7/8 and 21 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

(2.) The First Information Report No.0117 of 2023 was lodged by grandmother of the applicant-victim against Anshul Yadav in Police Station Cantt District Dehradun on 15/7/2023 under Sec. 354 IPC and under Sec. 7/8 of the POCSO. The charge-sheet was submitted after investigation against Anshul Yadav and another. The cognizance was taken by learned FTC/ Special Judge (POCSO)/Additional District Judge, Dehradun on 20/11/2023.

(3.) Learned counsel for applicant submits that under provisions of Sec. 35(2) of the POCSO Act, it is mandated that the learned Special Court shall complete the trial as far as possible within a period of one year from the date of cognizance of the offence. For ready reference, Sec. 35(2) of the POCSO Act is quoted hereinbelow:-