Bombay High Court Praises Special Judge and the Police for Concluding the POCSO Trial in Less than a Year and Upholds the Verdict

While upholding a conviction order, the Bombay High Court commended the Sindhudurgnagari police station and Special Judge dealing with cases under the Protection of Children from Sexual Offences (POCSO) Act for completing a POCSO trial within a year, as required by the Act.

An order convicting the appellant, Jitendra Rajmohan Mazi, under Sections 376 (punishment for rape), 363, 366 (kidnapping), and 506 (2) (criminal intimidation) of the Indian Penal Code, as well as sections concerning penetrative and aggravated penetrative sexual abuse under the POCSO Act, was challenged in the High Court.

The appellant was arrested and sentenced to 12 years in prison for rape, 5 years for kidnapping, and 1 year for sexual coercion by the Special POCSO court. The sentences were supposed to run in parallel. Mazi opposed this order in an appeal to the High Court.

Lawyer Nasreen Khalique, who was representing the accused Mazi in court argued that in relation to the offence the prosecutor had not established Mazi's name. The appellant's clothes were also attacked by the DNA report which linked the blood of that appellant to the minor victim.

However, Additional Public Prosecutor PH Gaikwad Patil, arguing that the contested order was not justified. He said the testimony showed that Mazi committed the offence beyond a reasonable doubt.

Having gone through the evidence and the documents on record and after having heard the submissions advanced by the respective parties, Justice Dere agreed that no interference was warranted with the order of conviction passed by the Special POCSO Judge.

Justice Revati Mohite Dere praised Special Judge VV Virkar, who completed the trial in less than a year.

“Courts must strive to ensure that cases, do not fall prey to the slow motion syndrome, which is lethal to the administration of justice, whatever the ultimate outcome” Justice Dere stated.

Justice Dere also commended the efforts made in the timely gathering of evidence by the Sindhudurgnagari Police Station.

The Court has provided restitution to the young girl in compliance with the victims' compensation scheme. It was oriented to complement the formalities and payments, if not already completed. The District Legal Services Authority.

“If cases are investigated with diligence, alacrity and promptness, in the manner as aforesaid and trial conducted in the manner, in which it has, the perpetrators of crime can be brought to book at the earliest", reads the judgment.

The contributions of the Special Public Prosecutor AS Samant were further praised by Justice Dere. The High Court also commended the people in their attempts to help the police arrest the appellant earlier, to deliver their evidence and to appear before the Special Court.