Facts
Five children aged between 9 and 11 years were sodomised by three children in conflict with the law. A petition was filed before the High Court invoking its jurisdiction under Section 482 of the CrPC, to direct the Juvenile Justice Board, to complete the inquiry within three months and also award interim compensation to the survivors. They further submitted that such a delay defeats the purpose of protection under the POCSO.
Judgment
The High Court held that the trial has been delayed without any reason and the petitioners are entitled to interim compensation. They further laid down certain guidelines to ensure court procedure is in harmony with POCSO: (i) Courts should incorporate child-friendly mechanisms for recording evidence, and (ii) The said Act provides for Special Courts that conduct the trial in-camera and without revealing the identity of the child. Further, the child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence. It was also noted that the child is not to be called repeatedly to testify in Court and may testify through video conferencing rather than in a courtroom. The Court also stipulated that the process of taking evidence from the child should be completed within 30 days in accordance with Section 35 of the POCSO Act. The court additionally also directed the JJB to complete the trial within three months and awarded an interim compensation of INR 7,00,00/- each to the children.