Delhi HC agreed with the submissions made by the Addl. Public Prosecutor Rajat Katyal and observed that the prima facie reading of impugned judgment gave impression that it borders on perversity.
The Delhi HC hearing an appeal against decision of a trial court judge in a case under POCSO Act, has decided to examine all previous decisions rendered by trial court judge.
Additional Sessions Judge, Sunil Chaudhary, who serves at Saket Court Complex situated in New Delhi, had rendered the impugned judgment while acquitting a man who was accused of kidnapping and sexually assaulting a 10-year-old in the year 2010.
Delhi HC’s Division Bench of Justice Vipin Sanghi and Justice PS Teji stated that that situation demands that all the decisions rendered by Addl. Session Judge while discharging the functions as Additional Sessions Judge in cases under POCSO Act, be re-examined.
Division Bench further stated that,“We have come across several decisions rendered by same learned Judge in cases under Prevention of Children from Sexual Offences (POCSO) Act, and they all, prima-facie, appear to be laconic. There is a fundamental and serious error in approach of learned Judge in deciding the cases which have come to our notice.”