Madras HC directs strict compliance with timelines in rape, POCSO cases

CHENNAI: The Madras High Court observed that authorities must ensure incidents where "the protectors have turned predators" never recur, while issuing comprehensive directions to strengthen police oversight and expedite the trial of rape and Pocso cases.

The First Bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan issued the directions while disposing of a PIL filed by a young woman who was allegedly raped by two police constables in Tiruvannamalai district, seeking a speedy trial.

The Bench directed the Fast Track Mahila Court, Tiruvannamalai, to continue the trial on a day-to-day basis, without unnecessary adjournments, and make every effort to conclude the trial as expeditiously as possible.

The Court directed all Principal District and Sessions Courts, Additional Sessions Courts, Mahila Courts, and other Special Courts in Tamil Nadu trying rape and sexual offence cases to comply with the mandatory two-month timeline under Section 346(1) of the BNSS and grant adjournments only for truly exceptional reasons recorded in writing, in accordance with Section 346(2) of the BNSS.

The Bench further directed the Director General of Police to annually review the adequacy of the existing supervisory mechanisms for night patrol duties and strengthen them wherever gaps are found, particularly in remote and poorly lit highway stretches. It also observed that the authorities must ensure that incidents where the protectors turn predators never recur.

It further directed all Pocso Special Courts to comply with Section 35 of the Act by recording the evidence of child survivors within 30 days of taking cognisance and, as far as possible, completing trials within one year.

It also directed the Tamil Nadu State Judicial Academy to periodically train Presiding Officers on these requirements, the prompt cognisance of electronically filed charge sheets, and compliance with the mandate under Section 35(2) of the Pocso Act.

The Court also directed that the four presently vacant Pocso Courts at Cuddalore, Dindigul, Madurai, and Thoothukudi be filled at the earliest and that the Government take an early decision on constituting the six Special Courts already sanctioned but not yet established, and report the progress made to the Court through the Registrar General within two months.