POCSO Special Court Can Try Offences Under SC/ST(PoA) Act When Child-Victim Belongs To Scheduled Caste/Tribe : Bombay HC
Live LawThe Bombay High Court has held that in a case where the child subjected to abuse happened to be belonging to the Scheduled Caste or the Scheduled Tribe, procedure carved out in the Protection of Children From Sexual Offences Act of 2012 would not take away the powers of the Special POCSO Court to try the offences under the SC/ST Prevention of Atrocities Act, 1989. Guddu Kumar Yadav Vs. State of Bihar Justice Dangre observed that Court was in agreement with the ratio laid down in the aforesaid judgments and said- "The Judgments relied upon by Mr. Desai which are delivered by the Allahabad High Court, Madras High Court clearly lay down a position of law to the effect that Protection of Children from Sexual Offences Act, 2012 being a special enactment and also a subsequent enactment and containing non obstante clause, the bar created under Section 14 of the Act of 1989 would not operate." Finally, the Court observed- "In a case where the child subjected to abuse happened to be belonging to Scheduled Caste and Scheduled Tribe, the procedure carved out in the Act of 2012 would not take away the powers of the Special Court to try the offences under the said Act coupled with a provision contained in Section 42 which was introduced by Act No. As for the allegations under the SC & ST Act, Justice Dangre noted that except in a statement of the victim girl where she has disclosed that the applicant abused her by mentioning her caste, there is no other material to attract the offences under the said Act- "The effect of the statement under Section 164 of CrPC and the content therein and its appreciation would be done at the time of trial.