SIDDHANT Vs. STATE OF U.P.

JUDGEMENT

(1.) The judgement is being structured in the following conceptual framework to facilitate the discussion:

(2.) The case at hand also requires consideration of the role of Child Welfare Committee [hereinafter referred to as 'the CWC"] report in ensuring a just hearing to the victim in bail proceedings in offences under the Protection of Children From Sexual Offences Act, 2012 [hereinafter referred to as 'the POCSO Act, 2012"]. The POCSO Act, 2012 read with Protection of Children from Sexual Offences Rules, 2020 [hereinafter referred to as 'the POCSO Rules, 2020"] create a composite scheme to serve equal justice to victims, and the CWC report has a direct bearing on fair administration of bail jurisdiction and the trial process.

(3.) The prosecution case discloses that after the victim was abducted, the accused were chased and intercepted by the villagers. The F.I.R. was got lodged promptly. The accused were arrested at the spot and the victim too was recovered. Medical report was drawn up on the same day. The statements of the victim under Ss. 161 Cr.P.C. and 164 Cr.P.C., accounts of the witnesses as well as medical report fully corroborated the prosecution story of abduction and rape. However subsequently the victim turned hostile in the trial. In these circumstances the implementation of the POCSO Act, 2012 and the role of the CWC reports in securing justice to child victims of sexual offences need to be examined.