Form 3-judge panel to regulate, monitor child sexual assault cases: SC tells HCs


New Delhi, May 1 (PTI): The Supreme Court on Tuesday issued a slew of directions to all the high courts of the country regarding trial in sexual assault cases involving children.

The bench headed by Chief Justice Dipak Misra directed all high courts to ensure that the cases of sexual assault of children to be fast-tracked and decided by special courts. The apex court also asked the high courts to instruct the trial courts not to grant unnecessary adjournments during trial of cases under the Protection of Children from Sexual Offences (POCSO) Act.

The bench, which also comprised Justices AM Khanwilkar and DY Chandrachud, said the high courts may constitute a committee of three judges to regulate and monitor the trials of sexual assault cases of children, as it disposed of a PIL filed by advocate Alakh Alok Srivastava.

Srivastava, in his personal capacity, had approached the top court after the horrific incident of rape of an 8-month girl child allegedly by her 28-year-old cousin on January 28 in a locality near Netaji Subhash Place in north-west Delhi had come to light.

The Union Cabinet had on April 21 approved the ordinance to provide stringent punishment, including death penalty, for those convicted of rape of girls below 12 years.
The move of the Centre came after a public outcry for award of death penalty to such sexual offenders, including the assaulters of an 8-year-old girl who was gang raped and killed at Kathua district of Jammu and Kashmir recently.

Srivastava's plea had also sought the provision of death penalty in such cases and framing of guidelines that investigation and trial of cases involving rape of children below 12 years of age under POSCO Act, should be completed in six months from the date of registration of the FIR.

The police had said the accused had confessed to raping the baby under the influence of liquor.

The girl's parents used to go out for work leaving their daughter in the custody of their sister-in-law. It was a Sunday when their sister-in-law's son was at home, the police had said, adding that when the accused saw his mother was not around, he allegedly forced himself on the baby.

When the girl's mother returned home, she saw blood stains on the victim's clothes and informed her husband, they said, adding she was rushed to a hospital where it was found that she had been sexually assaulted.

  

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  • SMR, karkala

    Tue, May 01 2018

    The eight-year-old's father of Kathua rape and murder case had moved the apex court earlier, apprehending a threat to the family, a friend and their lawyer Deepika Singh Rajawat. Expressing satisfaction with the probe conducted by the Jammu and Kashmir police in the case, the father had also sought transfer of the trial from Kathua court to Chandigarh.

    But bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud considered the plea of the accused, Sanji Ram and Vishal Jangotra, agreed to consider a plea of two accused in the rape and murder of an eight-year-old girl in Kathua that the trial in the case is held in Jammu and the probe handed over to the Central Bureau of Investigation (CBI).

    It should be noted that Kathua Bar council blocked the crime branch for filing charge sheet in favor of victim and issued rape threat to lawyer representing the victims family.

    Chief Justice of India Dipak Misra had come under the scanner for allegedly transferring sensitive political cases to favourable benches. Congress And Other Six Parties Moved ​Impeachment Notice Against CJI Deepak which was turned down VP Venkaiah Naidu after four senior judges revolted against him.
    His high profile case list included
    1.‘Bribery in Prasad Educational Trust Medical College,
    2. Appointment of CBI Special Director,
    3. An Appeal in the 2G case,
    4. Death of Judge Loya,
    5. A case involving MP Shashi Tharoor,
    6.Assets of Jay Shah, Aadhaar cases,
    7. Appointment of BJP spokesperson Sambit Patra in ONGC,
    8. Appointment of judges and A case under the Land Acquisition Act.’

    These three judge panel now become complicit of all the above case by turning down the petition or favouring the accused.

    This 3-judge panel of CJI Misra,Justices AM Khanwilkar and DY Chandrachud of 'Supreme Court' now become 'Supreme Club of Injustice'.

    One week ago CJI favoured the Kathua rape accuse now wanted to regulate, monitor child sexual assault?
    RIP! Supreme Court of India.

    Jai Hind

    DisAgree [1] Agree [1] Reply Report Abuse

  • Myna, Mysuru

    Tue, May 01 2018

    It will not suffice if the 3 Judge panel regulates, monitors child sexual assault cases. SC should ensure that the panel suo motto take cognizance of irresponsible statements made by Central and State Ministers, MPs, MLAs and MLCs which abet or encourage the crime in the eyes of the public by such irresponsible statements. Such persons should be asked to step down by the 3 Judge panel.

    DisAgree [1] Agree Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Tue, May 01 2018

    Tough decision need to be taken in this burning social issue of India which really degrade the nation.

    DisAgree [1] Agree Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, May 01 2018

    Bad news for Bhalatkari Jantha Party ...

    DisAgree [2] Agree [2] Reply Report Abuse


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Title: Form 3-judge panel to regulate, monitor child sexual assault cases: SC tells HCs



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