"Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial
2 years, 6 months ago

"Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial

Live Law  

The Punjab and Haryana High Court recently issued a direction to stop the salary of a public prosecutor and an investigating officer after it noted that the prosecution had been 'casual' in their approach to conducting the trial in a POCSO Case. "Since the Public Prosecutor and the Investigating Officer of the case have not performed their duties with due promptitude, therefore, they. Accordingly, it is ordered that the payment of salary to the Public Prosecutor, who is conducting this case, as well as the salary of the Investigating Officer of the case, shall remain stayed till all the prosecution witnesses are examined before the Court in the case," the bench of Justice Rajbir Sehrawat observed as it granted bail to accused pending trial. Further, emphasizing that the Public Prosecutor and the Investigating Officer of the case have not performed their duties with due promptitude, the Court ordered that the salary of the IO and PP shall remain stayed till all the prosecution witnesses are examined before the Court in the case.

Trial Court Prosecution Case Punjab Public Prosecutor Officer Investigating Examined Due Promptitude  public  examined  salaries  slams  case  prosecution  salary  witnesses  investigating  till  ph  stop  court  prosecutions  trial  officer  pocso  prosecutor

History of this topic

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty
2 months, 2 weeks ago

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty

Live Law  

The Gujarat High Court recently lamented the failure on part of the Police, the prosecution and the trial court in an assault case, which came to be transferred to a POCSO Court, eight years after commencement of trial. “Prima facie, it is very strange and also shameful on the part of the entire law enforcing and law adjudicating machinery that …

Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR
2 months, 2 weeks ago

Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR

Hindustan Times  

Ahmedabad, The Gujarat High Court has berated the police and prosecution for invoking sections of the Protection of Children from Sexual Offences Act against four men in a molestation case eight years after the FIR was filed and when the trial was near completion. The court said the investigating agency as well as prosecution prima facie failed to discharge their …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 months, 2 weeks ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case
4 months, 3 weeks ago

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case

Live Law  

The Punjab & Haryana High Court has stated that after framing of charges, the prosecution must give only one opportunity of disclosure and the accused may choose to avail of this facility. The court also requires the prosecution to furnish only the list of statements, documents, material objects and exhibits, which are not relied upon by the investigating officer. The …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 2 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15
8 months, 1 week ago

POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15

Live Law  

The Karnataka High Court on Friday adjourned to July 26, hearing of a petition filed by former Chief Minister BY Yediyurappa seeking to quash a POCSO case registered against him. Ld judge of court below is requested to grant exemption for the day, on the next date of hearing till any other day, till this matter is taken up for …

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court
1 year, 1 month ago

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

Live Law  

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an overwhelming pertinence to the discretion of a Public Prosecutor and his role, as an officer of the court, …

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC
1 year, 5 months ago

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC

Live Law  

The Allahabad High Court has observed that even after the submission of a charge sheet, the investigation of a case can be transferred to the police of another police station and there is no necessity to obtain permission from the concerned court. The bench of Justice Umesh Chandra Sharma also said that even after the Court took cognizance of any …

No Appearance Despite Issuance Of Summons: Punjab & Haryana High Court Asks Trial Court To Attach Police Officers' Salary
1 year, 6 months ago

No Appearance Despite Issuance Of Summons: Punjab & Haryana High Court Asks Trial Court To Attach Police Officers' Salary

Live Law  

The Punjab & Haryana High Court recently directed to attach the salary of police officials who failed depose before the Court despite issuance of several summons in a 2021 case under NDPS. Trial Court is directed to attach salary of the official witnesses who failed to depose despite service after taking their details from the record." It further added that …

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court
1 year, 8 months ago

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court

Live Law  

The Delhi High Court has observed that the right of an accused to cross examine a witness is at a “higher pedestal” under the POCSO Act in view of the serious nature of offences and harsh punishment prescribed under the statute. While granting an accused the opportunity to cross examine a prosecution witness in a POCSO case, Justice Tushar Rao …

S.33(5) POCSO Act Does Not Mean Accused Will Not Be Given Any Opportunity To Cross- Examine Prosecutrix: Karnataka High Court
2 years ago

S.33(5) POCSO Act Does Not Mean Accused Will Not Be Given Any Opportunity To Cross- Examine Prosecutrix: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the Special Court which rejected the application made by an accused being tried under the provisions of the Protection of Children from Sexual Offences Act, to recall the prosecutrix from cross-examination. A single judge bench of Justice K Natarajan observed, “Of course, as per Section 33 of the POCSO …

POCSO victims should not be asked to be present and face the accused person during bail hearings: Delhi HC
2 years, 2 months ago

POCSO victims should not be asked to be present and face the accused person during bail hearings: Delhi HC

Op India  

The Delhi High Court issued a series of directions to help reduce the trauma of POCSO victims, including hybrid and in-chamber hearings, after noting that many of these victims were being invariably made to face their alleged tormentors when they appear physically or virtually in court for bail application hearings of the accused. The bench of Justice Jasmeet Singh in …

[POCSO Act] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics
2 years, 3 months ago

[POCSO Act] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently upheld the decision of the trial court to close the rights of the accused in POCSO case noting that they were indulging in dilatory tactics to defer the minor Prosecutrix from testifying. Ahluwalia observed that their behavior before the lower court manifested an oblique motive to defeat the purpose of criminal trial- …

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps
2 years, 3 months ago

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps

Live Law  

The Punjab and Haryana High Court recently set aside a Trial Court order closing prosecution evidence after the Investigating Officer in the case failed to appear as witness despite multiple attempts. Justice Jasjit Singh Bedi observed that the trial court is not powerless in such cases and that it ought to have taken coercive steps against the official witness. "In …

'Directions May Be Passed On Administrative Side': Bombay High Court On PIL For Timely Recording Of POCSO Victim's Testimony
2 years, 5 months ago

'Directions May Be Passed On Administrative Side': Bombay High Court On PIL For Timely Recording Of POCSO Victim's Testimony

Live Law  

The Bombay High Court on Monday directed a public interest litigant, who was seeking proper enforcement of POCSO Act, to approach the High Court Committee on POCSO matters, with his suggestions.The petition particularly sought directions to the Special Courts to ensure that the testimony of the minor victim is recorded within one month, as per Section 35 of the POCSO …

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC
2 years, 7 months ago

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC

Live Law  

In connection with a trial under the POCSO Act, the Karnataka High Court has said that an application made by the accused under Section 311 of the CrPC for summoning of material witnesses should be ordinarily permitted unless the Court comes to a conclusion that it is a ruse to drag the proceedings or permitting it, would become an abuse …

"POCSO Victims Are Being Forced Not Only To Potentially Interact With Accused But Also Be Present In Court Hearings": Delhi HC Expresses Concern
2 years, 7 months ago

"POCSO Victims Are Being Forced Not Only To Potentially Interact With Accused But Also Be Present In Court Hearings": Delhi HC Expresses Concern

Live Law  

The Delhi High Court has expressed concern over a situation wherein POCSO victims are being forced not only to "potentially interact with the accused person" but also be present in Court when the arguments regarding the offence are being taken up for hearing.Justice Jasmeet Singh was of the view that the psychological impact on a POCSO victim being present in …

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court
3 years, 1 month ago

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that. The trial court, while passing the judgment, also directed that since the Applicant had intentionally changed …

MP High Court Orders Inquiry Against Public Prosecutor For Giving Up 'Important' Eye Witness In A Murder Trial
3 years, 4 months ago

MP High Court Orders Inquiry Against Public Prosecutor For Giving Up 'Important' Eye Witness In A Murder Trial

Live Law  

The Madhya Pradesh High Court on Monday directed the Principal Secretary, Law and Legislative Affairs/District Magistrate, Bhind to conduct an inquiry against a Public Prosecutor who gave up an 'important' eye witness/father of the deceased in a murder trial.The Bench of Justice G. S. Ahluwalia has also directed the Public Prosecutor, Bhind to withdraw all the Sessions. The Madhya Pradesh …

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation
3 years, 6 months ago

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation

Live Law  

The Supreme Court on Tuesday dismissed a Special Leave Petition filed by AIADMK functionary Anubhav Ravi, a prosecution witness in the Kodanad Murder and Dacoity case challenging the Madras High Court's order of refusing to intervene with the further police investigation by police. Case Before Madras High Court AIADMK Functionary Anubhav Ravi had approached the High Court averring that due …

Instruct Judicial Officers Over The Manner Of Reflecting Facts Of FIR In Bail Order: P&H High Court To Judicial Academy
3 years, 8 months ago

Instruct Judicial Officers Over The Manner Of Reflecting Facts Of FIR In Bail Order: P&H High Court To Judicial Academy

Live Law  

The Punjab & Haryana High Court on Thursday directed the Director, Chandigarh Judicial Academy to issue appropriate directions to the judicial officers on the manner in which the facts in the FIR need to be reflected in the Bail order, before an opinion whether bail/anticipatory bail is to be granted or declined is formed.The Bench of Justice Arvind Kumar Sangwan …

Public Prosecutor Must Apply Mind Independently Before Filing Report U/MCOCA Seeking Extension Of Time To Investigate, He Is Not A Mere Postman: Bombay HC [Read Order]
4 years, 5 months ago

Public Prosecutor Must Apply Mind Independently Before Filing Report U/MCOCA Seeking Extension Of Time To Investigate, He Is Not A Mere Postman: Bombay HC [Read Order]

Live Law  

The Bombay High Court last week held that before filing a report under the Maharashtra Control of Organized Crime Act seeking extension of time for further investigation in a case beyond the 90 day period, the Public Prosecutor must apply his/her mind independently. On September 2, the Investigating Officer made an application under Section 21 of the MCOC Act to …

Kerala HC Issues General Directions For Investigation And Trial In POCSO Cases [Read Order]
4 years, 6 months ago

Kerala HC Issues General Directions For Investigation And Trial In POCSO Cases [Read Order]

Live Law  

The Kerala High Court has issued general directions to be followed by the Investigating authorities and Trial Courts while dealing with POCSO crimes and cases. The State Government shall thereafter establish in a time bound manner as many One-Stop Support Centres needed in the State, so that victims of cases arising under the POCSO Act need not go anywhere else …

Lack of Professionalism Is Writ Large In Investigations In POCSO Cases: Kerala HC To Issue Guidelines [Read Order]
4 years, 7 months ago

Lack of Professionalism Is Writ Large In Investigations In POCSO Cases: Kerala HC To Issue Guidelines [Read Order]

Live Law  

Lack of professionalism is writ large in the investigations in POCSO cases, the Kerala High Court observed on Wednesday. Justice PB Suresh Kumar, while considering a criminal appeal, said that he would issue some general guidelines in relation to investigation and Trial of POCSO cases. The Court issued notice to State Public Prosecutor and also the Kerala State Legal services …

Merit not seniority to decide public prosecutor’s assignments
6 years, 1 month ago

Merit not seniority to decide public prosecutor’s assignments

Hindustan Times  

Merit and not seniority will decide the court in which public prosecutors will appear in Madhya Pradesh, signaling a major shift in the way in which public prosecution is carried out in the state and is expected to increase the conviction rate, said officials of the state prosecution office adding that merit will also become a criterion in transfers and …

Kerala HC Directs Re-Assessment Of Merits Of 3 Special Prosecutors Appointed In POCSO Courts [Read Judgment]
6 years, 3 months ago

Kerala HC Directs Re-Assessment Of Merits Of 3 Special Prosecutors Appointed In POCSO Courts [Read Judgment]

Live Law  

The High Court of Kerala has directed the re-assessment of merits of three Special Public Prosecutors appointed in the Special Courts under the Protection of Children from Sexual Offences Act 2012 in the Districts of Kollam, Wayanad and Malappuram.The Court found that all vital information regarding those Prosecutors were not furnished by the District Collectors to the. The High Court …

Kerala HC Directs Re-Assessment Of Merits Of 3 Special Prosecutors Appointed In POCSO Courts [Read Judgment]
6 years, 3 months ago

Kerala HC Directs Re-Assessment Of Merits Of 3 Special Prosecutors Appointed In POCSO Courts [Read Judgment]

Live Law  

The High Court of Kerala has directed the re-assessment of merits of three Special Public Prosecutors appointed in the Special Courts under the Protection of Children from Sexual Offences Act 2012 in the Districts of Kollam, Wayanad and Malappuram.The Court found that all vital information regarding those Prosecutors were not furnished by the District Collectors to the. The High Court …

Breaking: Bombay HC Quashes Government Resolution Making It Mandatory For Assistant Public Prosecutors To Secure 25% Conviction For A Promotion [Read Judgment]
6 years, 3 months ago

Breaking: Bombay HC Quashes Government Resolution Making It Mandatory For Assistant Public Prosecutors To Secure 25% Conviction For A Promotion [Read Judgment]

Live Law  

The Bombay High Court has quashed a government resolution dated May 12, 2015 imposing a condition that the Assistant Public Prosecutor, whose rate of conviction is less than 25% of the cases handled by him, is not entitled to promotion.Division bench of Justice SV Gangapurwala and Justice SK Kotwal at Aurangabad held that the said notification was irrational, unreasonable and …

Haryana Judicial Exam Leak: HC Constitutes 3-Member SIT [Read Order]
7 years, 6 months ago

Haryana Judicial Exam Leak: HC Constitutes 3-Member SIT [Read Order]

Live Law  

The Punjab and Haryana High Court on Monday constituted a three-member special investigation team to look into the alleged leakage of the Haryana Judicial Service Examination.The SIT comprises Ravi Kumar Singh, IPS, Superintendent of Police ; Krishan Kumar, Deputy Superintendent of Police ; and Inspector Poonam.The names were placed. The Punjab and Haryana High Court on Monday constituted a three-member …

In Maharashtra, POCSO sees lowest conviction in speedy trials, victims' character often called into question
7 years, 6 months ago

In Maharashtra, POCSO sees lowest conviction in speedy trials, victims' character often called into question

Firstpost  

A study of 1,330 judgments given under POCSO act across Maharashtra showed several instances when characters of victims were questioned even though the law doesn’t allow it Mumbai: The conviction rate under the Protection of Children from Sexual Offences Act was the lowest for trials completed within a year of filing a charge sheet, a new study of 1,330 judgments …

Appoint Special Prosecutors For POCSO Cases: SC to HCs [Read Petition]
7 years, 11 months ago

Appoint Special Prosecutors For POCSO Cases: SC to HCs [Read Petition]

Live Law  

Chief Justice of India J S Khehar's bench directed high court chief justices of 12 states and two Union territories to take suo motu action and appoint special public prosecutors to deal with cases of crime against children. "We are satisfied that the issue is extremely important and needs immediate implementation of the Act.We consider it most appropriate to direct …

Magistrate Can’t Direct Further Investigation On Defacto Complainant’s Plea: Orissa HC [Read Judgment]
8 years, 2 months ago

Magistrate Can’t Direct Further Investigation On Defacto Complainant’s Plea: Orissa HC [Read Judgment]

Live Law  

The Orissa High Court in Nandita Sethi vs. State of Orissa, has held that a magistrate cannot direct further investigation of the case at the instance of a de facto complainant after taking cognizance of offences on the basis of charge sheet submitted by police.A magistrate, on a petition filed by the defacto complainant, had ordered further investigation of the …

Bombay HC Finds POCSO Judge Biased Against Accused, Transfers The Case [Read Judgment]
8 years, 2 months ago

Bombay HC Finds POCSO Judge Biased Against Accused, Transfers The Case [Read Judgment]

Live Law  

The single bench of Justice AM Badar of the Bombay High Court has allowed the application filed by an accused under Protection of Children from Sexual Offences Act to transfer his case before another judge alleging bias on part of the current designated under the said act.Court was hearing the application filed under Section 407 of the Code of Criminal …

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