Thus, the following directions were issued by the Court:
– The investigating officer or the SJPU shall inform the victim’s parents /caregivers/guardian, and legal counsel if any, about any application for bail or if any other application is filed by the accused or the prosecution;
– The public prosecutor shall serve a copy of any application or objections to be filed in the proceedings to the victim’s parents/caregiver/guardian and legal counsel, along with relevant documents and records necessary for their effective participation in the proceedings;
For this, the prosecutor can take the assistance of the Investigating Officer or the SJPU and file proof of service. If the prosecutor is unable to do so, they must inform the reasons in writing to the relevant court;
– In the event that the accused is a close family member or an acquaintance of the family, a copy of any application or objections to be filed in the proceedings shall also be served on the relevant Child Welfare Committee (CWC) along with all relevant documents and records necessary;
– The concerned court should ascertain the status of service of notice before hearing any application, and if it is found that notice has not been issued or served, the court may make a reasoned order to secure the ends of justice, by taking into account any emergent circumstances that warrant dealing with the application in the absence of the victim’s parents/caregiver/ guardian or legal counsel;
– Despite service of notice, if none were to appear, the court may proceed further or issue a fresh notice, considering the interest of justice;
– When the proceedings under the POCSO Act also involve offences under Sections 376(3), (rape on a woman under 16 years of age) 376-AB, (rape on a woman under 12 years of age) 376-DA gang rape on a woman under 16 years of age) or 376-DB (gang rape on a woman under 12 years of age) of the Indian Penal Code, the notice to the victim shall be issued under Section 439(1-A) (Special powers of High Court or Court of Session regarding bail) read with Rule 4(13) and 4(15) of the POCSO rules (duty to inform the child/child’s family);
– When an accused who is charged under Sections 376(3), 376-AB, 376-DA or 376 DB of the IPC or the provisions of the POCSO Act moves any application for any type of bail, notice shall be issued by the accused to the investigating officer, SJPU, public prosecutor and also any counsel on record for the victim/ complainant/informant;
– The victim/complainant/informant who appears before the court may be represented by own counsel or by a counsel appointed by the Karnataka State Legal Service Authority or the concerned District Legal Services Authority, or Taluka Legal Services Authority;
– The State government should provide for sufficient funds in order to make payments to the counsel;
– The victim’s parents/caregiver/guardian and legal counsel should be informed about the protection available under Witness Protection Scheme, 2018 and it must be enquired if they require any such protection. If a request made for police protection, it should be considered and granted according to the Witness Protection Scheme 2018. If information is provided by a whistleblower, necessary protection should be provided according to the Whistle Blowers Protection Act, 2014.
Source: Barandbench
