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Kerala HC: No Urgent Hearings to POCSO Convicts When Deserving People are Waiting

2 min read

Priya Gour

Published on: 5 August 2022 at 20:49 IST

The Kerala High Court Bench of Justice Kauser Edappagath held that it shall not allow urgent hearings for POCSO convicts, especially when more deserving ones are waiting to be heard. The bench was hearing an appeal moved by a man against his conviction by a Special Court in Kollam for committing offences punishable under the Protection of Children from Sexual Offences (POCSO) Act. The Court said that convicts of heinous offences can not be given the privilege of urgent hearings.

The Case:

An appeal was made by a man before the court against his conviction by a Special Court in Kollam for committing offences punishable under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The man was alleged of brutally sexually assaulting an 8-year-old girl on two instances.

The appellant requested in the plea for an immediate hearing, despite the court’s decision that the matter be heard at length after the upcoming vacation.

The Court rejected the appeal. The Court noted:

“This Court is not here to give emergent hearing to people like this. There are other deserving people waiting. Emergent hearings are for them. Not for people who are convicted of molesting an 8-year-old child.

Justice Edappagath also remarked:

What should I understand from the fact that he has girl children? Twice, you did this (sexually assaulted the minor survivor). Moreover, when she resisted, you shoved a piece of cloth in her mouth, to silence an 8-year-old child“, following the counsel’s moral request that the accused had two girl children.

After several requests the court held the it did not favour the request but that it would pass an order today itself. However, the counsel may approach the Supreme Court if it intends to.

The allegation of the child is enough. If you insist on arguing now, I’ll dismiss it. Go to the Supreme Court. If you argue, I’ll hear you and give you an order. If you can convince me, I’ll accept it. But after hearing don’t ask me to not give an order. I am not prima facie inclined.”

Resultantly, the Single Judge Bench dismissed the plea.