Madras High Court recommends training to judges dealing with POCSO Act

The Madras High Court has recommended special training to the judges dealing with cases under the Protection of Children from Sexual Offences POCSO Act so that they render proper and appropriate judgmentsJustice P Velmurugan made the recommendation recently while dismissing a criminal appeal from a child rape accused who challenged the conviction and sentence awarded by a lower court The trial court had held that the sentences were to run concurrently Instead Justice Velmurugan said that it should run consecutivelyIt is pertinent to mention here that the trial Judge has failed to appreciate the age of the victim girl and not understood the relevant provisions of the POCSO Act the judge saidIn many cases the special Judges who deal with cases under POCSO Act do not properly understand its scope and objectBefore posting any Sessions Judge to the Special Court which deals with the cases under the POCSO Act have to necessarily sensitise and impart training to them through the Tamil Nadu State Judicial Academy the judge saidHe directed the RegistrarGeneral and the Director of State Judicial Academy to take steps for the same after getting necessary approval from the Chief Justice who is the PatroninChief and Board of Governors of the AcademyThe appeal was from one Venkatachalam a resident of Puduchathiram village in Namakkal district seeking to quash an order dated January 22 this year of the Sessions Judge Fast Track Mahila Court in Namakkal and acquit him of the chargesAlso Read CBI arrests Goabased chef on charges of sexually abusing 2530 children selling videosThe lower court had sentenced him to undergo rigorous imprisonment RI for three years for the offence under Sec 7 rw 8 of POCSO Act and for the one under sec 506i of the IPC to undergo one year RI The sentences are to run concurrentlyAfter verifying the records Justice Velmurugan found that the victim girl at the time of occurrence of the offence in January 2014 was only eight years old and the trial Judge had failed to appreciate the same and understand the relevant provisions of the POCSO Act The judge noted that the appellant had sexually harassed her who was below 12 years and also threatened her not to disclose the incident to anybodyThe minimum punishment for the offence under Section 7 of the Act is three years whereas for the offence under Section 9m of the Act five years the judge pointed outUnder these circumstances this Court finds that the appellant has committed the offence under Section 9m of the Act punishable under Sec 10 of the Act However the trial Court has failed to look into the age of the victim girl at the time of occurrence ie 8 years and wrongly convicted and sentenced him only under Section 7 of the Act In fine this Court does not interfere with the charges framed by the trial Court against the appellant the judge saidThe court however set aside the order of the trial court which had stated that the sentences were to run concurrently and modified into consecutively This would meet the ends of justice the judge said and directed the trial court to take appropriate steps to immure him in prison to serve the remaining period of sentenceThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever