In a significant judgment, the Allahabad High Court dismissed the bail application of Rajendra Prasad, the father of a 14-year-old minor girl, who is the victim in a case of alleged trafficking and sexual abuse under the Protection of Children from Sexual Offences (POCSO) Act. The case, numbered Criminal Misc. Bail Application No. 30292 of 2024, was heard by Justice Ajay Bhanot in Court No. 65. The court reiterated the fundamental rights of child victims under the POCSO Act, which includes access to support persons, legal aid, and government welfare schemes.
Background of the Case:
The applicant, Rajendra Prasad, has been in custody since November 4, 2022, in connection with Case Crime No. 516 of 2022, lodged at Police Station Chaubeypur, Varanasi, under Sections 376 and 120B of the Indian Penal Code (IPC) and Sections 16/17 of the POCSO Act. The victim, a minor aged 14, is none other than his own daughter, who identified him as the primary offender involved in trafficking her for money. The trial court had previously denied bail to the applicant on July 6, 2024.
Legal Issues Involved:
The bail application raised critical issues concerning the rights of child victims under the POCSO Act, which were inadequately addressed by the authorities. The court observed that the statutory provisions intended to protect child victims had not been fully implemented in this case. One of the key observations made by Justice Ajay Bhanot was that the child victim had not been provided with essential services such as:
– The appointment of a support person or legal aid counsel for the victim.
– Reports on the victim’s access to medical care, counselling services, and other beneficial schemes under the POCSO Act were absent from the record.
Key Observations of the Court:
Justice Bhanot, while delivering the judgment, highlighted the vulnerable position of child victims, particularly those from marginalized sections of society. In his words, “Children of this class are often incapacitated in their search for justice due to trauma, social marginalization, and financial penury. The denial of statutory rights during court proceedings results in miscarriages of justice.”
The court emphasized the need for faithful execution of the responsibilities laid down by the POCSO Act and held that the involvement of various statutory authorities, such as the Child Welfare Committee (CWC), District Legal Services Authority, and the police, is crucial to upholding the entitlements of child victims during legal proceedings.
Decision of the Court:
The bail application was dismissed, with Justice Bhanot stating that there was “likelihood that the applicant had committed the offense” given the gravity of the charges and the vulnerability of the victim. The court also directed the Secretary, Department of Women and Child Development of the Uttar Pradesh Government to ensure that the proper formats for reports required under the POCSO Act are created, along with capacity-building programs for the Child Welfare Committees to draw up such reports.
Additionally, the court mandated that reports detailing compliance with the POCSO Act and support provided to the victim must be submitted by the relevant authorities before the court at the time of hearing bail applications. The judgment stresses that courts must ensure that child victims have access to their statutory entitlements, ensuring that legislative protections are not reduced to mere formalities.
Counsels for the case:
– Counsel for the Applicant: Shri M.P. Srivastava and Shri Manoj Kumar Kushwaha
– Counsel for the State: Shri Chandan Agrawal
