Judge velmurugan j posco new case observation —

22. However, it is pertinent to mention here that, as against the Judgment passed by the learned Special Judge, neither the victim, nor the state filed appeal against the acquittal of the accused for the offence punishable under Section 6 of the POCSO Act. Since the victim is a child as well as mentally retarded person, in the interest of substantial justice, this Court recommends the State to file an appeal against the acquittal under Section 6 of the POCSO Act within a period of one month from the date of receipt of a copy of this Judgment and if such appeal is being filed by the respondent-Police/State, the Registry is directed to take the Appeal on file and place before the concerned port folio Judge. The period of delay is exempted for taking the appeal on file. The Member-Secretary Union Territory of Puducherry Legal Services Authority, Puducherry, is directed to provide necessary compensation to the victim child under Victim Compensation Scheme, forthwith.
23. Though the appellant has committed penetrative sexual assault on the victim, however, the learned Special Judge, wrongly convicted the appellant for the offence punishable offence under Section 10 of the POCSO Act. Therefore, this Court is of the considered view that all the three stakeholders, viz., the Investigating Officer, the Pubic Prosecutor and the learned Judge have not properly dealt with this case and they have not properly understood the object and scope of the POCSO Act and seriousness of the offence against the children. This Court also time and again directed the State Judicial Academy, Director of Prosecution, and Director General of Police, to impart training to the stakeholders, who are dealing with the cases under POCSO Act, however, it is disappointing to note that till date no such training is imparted. Therefore, this Court directs the State Judicial Academy, Director of Prosecution, and Director General of Police to impart a training, who are dealing with the cases under POCSO Act.

24. In the light of the above discussion, this Court does not find any merit in this appeal and the appeal is liable to be dismissed. The Trial Court is directed to secure the appellant for sufferance of sentence, if he is outside. Consequently, connected miscellaneous petition is closed.
25. However, given the facts and circumstances of the case, it is to be noted that though in this case, the appellant has committed the offence, which is punishable under Section 6 of the POCSO Act, the learned trial Judge found that the appellant has not committed the charged offence, and convicted him under Section 9 of the POCSO Act, which is punishable under Section 10 of the POCSO Act. Since this Court is the defacto guardian of the children and mentally retarded person, it is necessary to give certain directions, in the cases of this nature, and therefore, all the Special Judges, who are dealing with the cases under POCSO Act, are directed to send copies of the Judgments to the respective District Social Welfare Officer concerned in the Union Territory of Pondicherry and the State of Tamil Nadu. In cases of this nature, if the Prosecution or the victim has not filed any appeal against the order of acquittal or reduction of punishment with regard to POCSO Cases, the respective District Social Welfare Officers concerned, as aggrieved parties can file appeals with the help of the respective District Legal Services Authority concerned, or State Legal Services Authority or High Court Legal Services Committee, as they are deemed to be aggrieved parties.

26. Therefore, all the District Social Welfare Officers concerned, as soon as they receive copy of Judgments, if the State or the victim has not filed any appeal, they are directed to file an appeal with the help of the concerned District Legal Services Authorities or The State Legal Services Authority functioning under Union Territory of Pondicherry and the State of Tamil Nadu or High Court Legal Services Committee.

27. It is also relevant to give a direction to both the Government of Tamil Nadu and the Government of Puducherry to adhere to the provision of Section 43 of the POCSO Act. Both the Governments are directed to take measures as mentioned in Section 43 of the POCSO Act for the implementation of the provisions of the Act.

28. The Registry is directed to communicate a copy of this Judgment to all the Special Courts, dealing with the POCSO Cases, so as to enable them to send a copy of Judgments to the respective District Social Welfare Officers for filing an Appeal with the help of the concerned District Legal Services Authorities / State Legal Services Services Authority / High Court Legal Services Committee.

05.07.2021
Speaking Order / Non-speaking order

Index : Yes / No.
Internet : Yes.

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To

1.The Special Judge at
Karaikal.

2.The Inspector of Police,
Thirunallar Police Station,
Karaikal,
Pondicherry State.

3.The Public Prosecutor, (Pondicherry)
High Court of Madras,
Chennai.

4. The Director General of Police,
Dr.Radhakrishnan Salai Road, Mylapore,
Chennai, Tamil Nadu 600-004.

5. The Director of Prosecution,
Puddupettai Street,
Alandur, Chennai.

6.The Director,
Tamil Nadu Judicial Academy,
Greenways Road, R.A.Puram, Chennai.

7.The Member-Secretary Union Territory of Puducherry
Legal Services Authority,
Puducherry.

8.The State Legal Services Authority, Union Territory of Pondicherry.

9.The Social Welfare Officer, Union Territory of Pondicherry.

10.The Tamil Nadu State Legal Services Authority,
North Fort Road, High Court Buildings, Chennai
Tamil Nadu.

11. The Social Welfare Department,
No.11 Panagal Maligai Building 2nd Floor, Near Kalaignar Arch,
Jeenis Road, Saidapet, Chennai, Tamil Nadu 600015.

12.The Secretary,
High Court Legal Services Committee,
North For Road,
Chennai – 600 104.

P.VELMURUGAN, J.

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Crl.A.No.50 of 2020

05.07.2021