Case Note & Summary
The petitioner, Vinay, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.194/2015 registered by Keregod Police, Mandya District, for offences punishable under Sections 4, 8, 12, and 18 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 376 of the Indian Penal Code, 1860. The allegation was that on the morning of 06.12.2015, the petitioner committed rape on a victim child aged about 4 years. The petitioner was charge-sheeted and produced before the court on 19.03.2016. The case was posted for framing of charges and plea on multiple occasions, and later for evidence, but the trial court failed to record the evidence of the victim child within 30 days from the date of taking cognizance as mandated by Section 35(1) of the POCSO Act. The High Court, while considering the bail petition, noted this omission and held that the mandatory provision of Section 35(1) was not complied with, which entitled the petitioner to bail. The court observed that the trial was delayed without any justification and that the petitioner had been in custody for a considerable period. Consequently, the court allowed the petition and directed the petitioner to be released on bail subject to certain conditions.
Headnote
A) Criminal Law - Bail - POCSO Act - Section 35(1) Mandatory - Non-Compliance - The court considered the omission of the trial court in not recording the evidence of the victim child within 30 days from the date of taking cognizance as mandated under Section 35(1) of the Protection of Children from Sexual Offences Act, 2012. Held that the petitioner is entitled to bail as the mandatory provision was not complied with, and the trial was delayed without justification (Paras 4-5).
Issue of Consideration
Whether the petitioner is entitled to bail in view of the non-compliance of Section 35(1) of the Protection of Children from Sexual Offences Act, 2012, which mandates recording of the child victim's evidence within 30 days from the date of taking cognizance.
Final Decision
The petition is allowed. The petitioner is ordered to be released on bail in Crime No.194/2015 of Keregod Police Station, Mandya District, for the offences punishable under Sections 4, 8, 12, and 18 of the POCSO Act and Section 376 of IPC, subject to conditions imposed by the trial court.
Law Points
- Bail
- POCSO Act
- Section 35(1) mandatory
- recording of child evidence within 30 days
- non-compliance
- right to speedy trial
