Rajasthan High Court Dismisses Second Plea for Sentence Suspension in POCSO Case
The Rajasthan High Court has dismissed a second application seeking suspension of sentence filed by a man convicted in a Protection of Children from Sexual Offences (POCSO) Act case. The court observed that arguments regarding delay in hearing the appeal could not be accepted, as it functions on two Saturdays every month specifically to clear pending criminal matters.
Details of the Court Order and Conviction
In an order dated February 11, Justice Ashok Kumar Jain rejected the application filed by Monu, also known as Taplu. The convict was sentenced to 20 years of imprisonment by a POCSO court in Alwar on December 2, 2024. A copy of the order was uploaded on a Saturday, highlighting the court's commitment to addressing judicial backlog.
Arguments Presented by the Appellant's Counsel
The appellant's counsel, Satendra Raghav, argued that the trial court overlooked material contradictions in the case. He contended that the conviction largely rested on the testimony of the victim without independent corroboration. Raghav emphasized that the victim was approximately 16 years old at the time, and the medical examination did not indicate any injuries.
Furthermore, he pointed out that the appellant had already spent more than one year and eight months in custody. Raghav asserted that there were no immediate chances of the appeal being heard on its merits, which justified the request for sentence suspension.
Prosecution's Opposition and Court's Observations
Opposing the plea, the public prosecutor submitted that the victim was a minor and had clearly alleged rape in her statement before the trial court. This testimony formed the basis of the conviction. The High Court, in rejecting the application, observed that under the POCSO Act, any sexual activity involving a person below 18 years of age constitutes an offence, regardless of consent.
Justice Jain also noted that the High Court functions on two Saturdays every month to reduce backlog, particularly in cases involving accused persons in custody. The court stated that if the appellant believed his case was strong, he could seek listing of the appeal for hearing on a working Saturday.
Implications for Judicial Efficiency
This decision underscores the judiciary's efforts to manage pending cases efficiently. By operating on select Saturdays, the Rajasthan High Court aims to expedite the hearing of criminal appeals, especially those involving individuals in custody. The ruling reinforces the strict application of the POCSO Act in protecting minors from sexual offences.
The dismissal of the second application highlights the court's firm stance on ensuring that legal processes are not delayed unnecessarily, while upholding the severity of convictions under child protection laws.
