Calcutta HC: Beneficial Provisions Engrafted in the Statute [POSCO Act] Should Not Become Dead Letters of Law

Must Read

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S....

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA)....

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence...

Follow us

A petition for anticipatory bail was filed on 4th September 2019 under Section 438 of the Code of Criminal Procedure (CrPC). The petition was filed in connection with a Raiganj Police Station Case No. 156 of 2018 under Sections 363 (punishment for kidnapping), 365 (kidnapping with the intent to confine them), and 34 (Acts by several persons for a common intention) of the Indian Penal Code and Sections 4 (Punishment for aggravated penetrative sexual assault), 6 (Punishment for using child for pornographic purposes), 17 (Punishment for Abetment) of the POCSO Act.

On 9th September 2019, the Investigation Officer (IO) was present in the Court and submitted the Original Case Diary. The statement given by the 15-year old minor girl who is a vital witness under section 164 of CrPC seemed “evasive in nature”. The Court directed that she should be examined by the concerned Child Welfare Committee as well as a trained psychologist.  

The Child Welfare Committee’s Report

The psychometric test of the girl was submitted as per the direction of the Court on 30th September 2019. The report mentioned that the victim lacks confidence concerning her paternal figures. Her statement showcases that the petitioner (maternal uncle) played a very important role in introducing her to the principal accused in the case who subjected her to sexual abuse.

Court’s Response

The Court rejected the anticipatory bail in keeping the view that there is a “breach of trust from a near relation in the abetment of crime”

As the girl is a vital witness for the case, the Court ordered the Child Welfare Committee to ensure her proper rehabilitation, care and protection and submit a report on 3rd December regarding the same.

The following points were highlighted after the aforementioned Report dated 3rd December 2019 was submitted:

  1. The Girl was not attending school and no efforts were made to enrol her in an educational institution.
  2. Psychological assistance has not been provided to the girl.

The Court pointed out that the report was distressing and directed the concerned Child Welfare Committee to take proper steps to rectify the situation and submit a report.

Report of the Chairperson, Child Welfare Committee

On 4th February 2020, the Committee submitted that they have requested the Principal of Raiganj Government Medical College and Hospital to provide a trained psychologist for counselling the girl which implies there is a “chronic lack of trained psychologists.”

The Court’s Response

The court explicitly stated that “Availability of trained psychologists is absolutely necessary for the working of laws enacted to protect the minors of sexual abuse crimes In such cases, the perpetrators are frequently persons in trust or close relations of the victims which as expected leave a deeper scar on the psyche rather than his/her body.

The victims urgently need psychologists for the healing process to begin at the earliest. Therefore, the Court illuminates that, 

“immediate attention envisaged under the POCSO Act and witness protection schemes remain illusory and non-existent in ground reality…due to infrastructural and functional deficiencies.”

The Court directed the Chief Secretary, State of West Bengal to file an affidavit with the following information;

  1. Disclose the number of trained psychologists available in various medical institutions as well as the Department of Women & Child Development and Social Welfare, Government of West Bengal in various districts in the State.
  2. Disclose guidelines, if any, to ensure the participation of the adequate number of psychologists during the trial of POCSO cases.

The Court directed the Chairperson of the State Commission for the Protection of Child Rights to disclose steps to frame the proper guidelines particular regarding the psychological counselling of minor victims during investigation and trial.

Also, the Secretary of the Department of Women and Child Development and Social Work, as well as the Member Secretary of the State Legal Services Authority, were directed to provide psychological counselling and interim compensation to the victim in the present case.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA). It prayed that severe restrictions...

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as he was aggrieved by the...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence in diagnosing the septicemia and...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration, possession and a permanent prohibitory...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

More Articles Like This

- Advertisement -