Chance of influencing witnesses after bail in POCSO cases real: SC
The Supreme Court of India has recently expressed its concern over the likelihood of evidence tampering and influencing witnesses after the grant of bail in cases involving sexual assault against children under the Protection of Children from Sexual Offences (POCSO) Act. This concern was raised by the court as it cancelled the bail granted by the Allahabad High Court to a youth from Shamli in Uttar Pradesh, who was accused of repeated penetrative sexual assault under armed intimidation of a minor.
The POCSO Act, which was enacted in 2012, aims to provide a robust legal framework for the protection of children from sexual abuse, sexual exploitation, and pornography. The Act defines various types of sexual offences against children, including penetrative sexual assault, aggravated penetrative sexual assault, sexual assault, and aggravated sexual assault, among others. The law also provides for stringent punishments for those found guilty of these offences, including imprisonment and fines.
In the present case, the accused youth had been granted bail by the Allahabad High Court, despite the serious nature of the allegations against him. However, the Supreme Court, while hearing an appeal against the High Court’s order, observed that the likelihood of evidence tampering or influencing witnesses after the grant of bail in POCSO cases is a legitimate and grave concern.
The court noted that the POCSO Act is a special law that aims to protect children from sexual abuse and exploitation, and that the grant of bail in such cases should be considered with caution. The court also observed that the accused youth had been charged with a serious offence, and that there was a strong possibility that he might try to influence the witnesses or tamper with the evidence if he was released on bail.
The Supreme Court’s concern over the likelihood of evidence tampering and influencing witnesses in POCSO cases is not unfounded. In many cases, the accused may try to use their influence or intimidation to prevent the witnesses from testifying against them. This can be particularly problematic in cases where the witnesses are children or their family members, who may be vulnerable to pressure or coercion.
Furthermore, the POCSO Act provides for a special procedure for the recording of statements of child victims, which is designed to minimize the trauma and distress caused to them. However, if the accused is released on bail, there is a risk that they may try to contact the child victim or their family members, which could compromise the integrity of the investigation and the trial.
The Supreme Court’s decision to cancel the bail granted to the accused youth in this case highlights the need for caution when considering bail applications in POCSO cases. The court’s observation that the likelihood of evidence tampering or influencing witnesses is a legitimate and grave concern underscores the importance of ensuring that the accused does not get an opportunity to interfere with the investigation or the trial.
In recent years, there have been several instances where the accused in POCSO cases have been found to have tried to influence the witnesses or tamper with the evidence. In some cases, the accused have even tried to intimidate or threaten the child victims or their family members, which can have a devastating impact on the investigation and the trial.
In this context, the Supreme Court’s decision to prioritize the safety and well-being of the child victim and the integrity of the investigation is a welcome step. The court’s observation that the POCSO Act is a special law that requires a nuanced and sensitive approach to bail applications is also noteworthy.
In conclusion, the Supreme Court’s decision to cancel the bail granted to the accused youth in this case highlights the need for caution when considering bail applications in POCSO cases. The court’s concern over the likelihood of evidence tampering and influencing witnesses is a legitimate and grave concern, and underscores the importance of ensuring that the accused does not get an opportunity to interfere with the investigation or the trial. As the court observed, the POCSO Act is a special law that aims to protect children from sexual abuse and exploitation, and requires a nuanced and sensitive approach to bail applications.
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