Debangana Ray
Published on August 12, 2022 at 19:00 IST
The Delhi High Court has expressed concern over a situation wherein POCSO victims are being forced not only to ‘potentially interact with the accused person’ but also be physically or virtually be present in court when the arguments regarding the offence or hearing of the bail applications are being heard.
Justice Jasmeet Singh stated that the psychological impact suffered by the victim is grave as the arguments vary from allegations, accusations, doubting integrity and character.
The deliberations arose from an FIR registered against the father against his own daughter. The case got registered under Section 6 of the Protection of Children from Sexual offences Act, 2012 (POCSO).
“There are chances that if the sentence of the appellant is suspended, he may visit his wife and daughter at their native place which cannot be permitted.”
“However, at the same time, if the sentence of the appellant is not suspended, the entire sentence of the appellant may be undergone without the appeal being heard,” the Court said.
It was seen that many of the victims in POCSO cases were being made to appear physically or virtually in Courts at the time of hearing of the bail applications.
The Court said, “This has led to a situation where the victims are being forced not only potentially interact with the accused person, but also be present in Court when the arguments regarding the offence are being taken up for hearing.”
It added “It is in the interest of the victim that she is not traumatized again by re-living the said incident/ Court proceedings which could be triggering for her.”