The Punjab and Haryana High Court questions the Special POCSO Court over the victim’s surrender as a prosecution witness in a rape case, emphasizing the need for her testimony for a fair trial.

Overview of Vijay v/s State of Haryana

The Punjab and Haryana High Court has raised concerns over a recent development in a rape case under the POCSO Act. The court found it “strange” that the victim surrendered as a prosecution witness and has sought an explanation from the Special POCSO Court regarding this unusual situation.

Key Details of the Case:

The Court’s Observations

Justice Amarjot Bhatti stated that the victim’s testimony is essential for ensuring a fair and definitive trial. The decision to surrender the victim as a prosecution witness by the Public Prosecutor was termed peculiar. This action was also noted in the Zimni ruling, further prompting judicial scrutiny.

Request for Explanation

The High Court has instructed the Additional District & Sessions Judge/Fast Track Special Court (POCSO) to submit a detailed report outlining the circumstances and facts that led to the victim’s surrender. The objective is to clarify this significant procedural anomaly.

Background of the Case

The petitioner, accused of raping a 16-year-old girl in 2020, has been in custody for over four years and eight months. His attorney, Mr. Rahul Singh, argued that the charges were fabricated. Meanwhile, the court highlighted that the victim was under 16 at the time of the alleged crime, which makes the charges particularly serious under the POCSO Act.

Previous Court Ruling

In January, the court acknowledged the lengthy incarceration of the accused but emphasized the importance of the victim’s age during the alleged incident. It directed the trial court to expedite the collection of prosecution evidence to avoid further delays.

Upcoming Hearing Date

The next hearing for this case is scheduled for May 27, 2025. The High Court has requested all involved parties to ensure that the trial progresses without unnecessary hindrance.

Legal Representation

• Petitioner’s Advocate: Mr. Rahul Singh

• Additional Advocate General for Haryana: Ms. Aditi Girdhar

Conclusion

This case highlights the complexities involved in legal proceedings under the POCSO Act, particularly when dealing with sensitive issues like the victim’s testimony. The Punjab and Haryana High Court’s proactive measures aim to ensure justice while addressing procedural anomalies. As the trial continues, it underscores the importance of safeguarding the interests of victims while ensuring fair treatment for the accused. The upcoming hearing will likely shed more light on this unique legal situation.