# Rajendra Prasad v. State of U.P. & Ors

- **Citation:** (2024) 10 ILRA 824
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-10-04
- **Case number:** Criminal Misc. Bail Application No. 30292 of 2024
- **Bench:** Ajay Bhanot
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/rajendra-prasad-v-state-of-u-p-ors-51126
- **Pages:** 5

## Headnote

Criminal Law-Protection of Children from
Sexual Offences Act, 2012 - Sections 16
& 17 - Bail - Role of courts in
enforcement of statutory rights of child
victims - Entitlements such as support
person, legal aid, medical assistance,
counselling,
and
schooling
must
be
ensured by statutory authorities including
Child Welfare Committee, police, and legal
services - Magistrates and trial courts
must call for reports, make relevant
inquiries
and
record
satisfaction
on
compliance
-
St.
and
statutory
institutions obligated to ensure these
safeguards even at bail stage.

Criminal Procedure - Bail in POCSO cases
- Role of judiciary - Held, courts must
oversee compliance of child victim rights
under POCSO Act during bail hearings -
Directions
issued
for
submission
of
compliance reports by CWC and police -
Judicial officers to ensure enforcement of
victim
entitlements
through
legal
oversight
-
Failure
to
implement
statutory safeguards frustrates legislative
intent and results in miscarriage of
justice.

POCSO Act - Institutional safeguards -
Directions issued to St. Government and
Secretary, Women & Child Development,
U.P. to develop reporting formats for CWC
and
conduct
regular
training
for
compliance
-
Mandate
to
monitor
enforcement
of
child
victim
rights
throughout
legal
proceedings-
Bail
application dismissed - Compliance with
statutory rights of victim to be ensured by
trial courts. (Paras 7, 8, 9, 10, 11, 13, and
14)

HELD:
Victims under the POCSO Act are entitled for
various support systems like support person,
legal aid, medical care, counselling services and
other beneficial schemes of the St. Government.
The child victims of sexual abuse are a most
vulnerable class of citizens. The children of the
said class are often incapacitated in their search
for justice by other disabling circumstances like
the
trauma
of
the
incident,
social
marginalization, financial penury, legal illiteracy
and the like. Bereft the support systems
guaranteed by the statute, child victims of
sexual offences under the POCSO Act cannot
prosecute their cases effectively before the
competent court. (Para 7)

The realization of the statutory rights of child
victims of sexual offences under the POCSO Act
is the key to empower them to engage with the
legal process on a fair footing. The statutory
support systems enhance the capacity of the
said victims to interface with officials and secure
their rights. Empowerment of children who are
victims of sexual offences is an imperative
necessity to remove the barriers in their search
for justice. And the same can be achieved by
fruition of their statutory rights. Denial of rights
vested in child victims of sexual offences by the
POCSO Act during court proceedings will defeat
the legislative intent of the statute and result in
miscarriages of justice. (Para 8)

The reports depicting compliance of the above
parameters and details of the facilities and
support systems provided to the child victims as
per law shall be submitted by the Child Welfare
Committee (CWC) and the police respectively
before the court at the hearing of the bail
applications. The learned trial courts shall
examine the aforesaid reports at the time of
hearing of the bail applications and if required
shall issue appropriate directions. (Para 13)

The above mandate of POCSO Act has to be
rigorously
followed
and
meticulously
implemented. Currently the implementation of
the POCSO Act in the above St.d manner is
deficient, which frustrates the legislative intent.
Legislation cannot be reduced to a dead letter
by apathy of the statutory authorities. (Para 14)

Application dismissed. (E-14)

List of Cases cited:

Junaid Vs St. of U.P. & anr., reported at 2021
SCC OnLine All 463

## Text

824 INDIAN LAW REPORTS ALLAHABAD SERIES
cross-objection to the decree which he
could have taken by way of appeal,
provided he has filed such objection in
the Appellate Court within one month
from the date of service on him or his
pleader of notice of the day fixed for
hearing the appeal, or within such
further time as the Appellate Court may
see fit to allow.
Explanation.- A respondent
aggrieved by a finding of the Court in
the judgment on which the decree
appealed against is based may, under
this rule, file cross-objection in respect
of the decree in so far as it is based on
that finding, notwithstanding that by
reason of the decision of the Court on
any other finding which is sufficient for
the decision of the suit, the decree, is,
wholly or in part, in favour of that
respondent.
(2) Form of objection and
provisions applicable thereto.- Such
cross-objection shall be in the form of a
memorandum, and the provisions of
rule 1, so far as they relate to the form
and contents of the memorandum of
appeal, shall apply thereto.
(3) xxxx
(4) Where, in any case in
which any respondent has under this
rule filed a memorandum of objection,
the original appeal is withdrawn or is
dismissed for default, the objection so
filed may nevertheless be heard and
determined after such notice to the other
parties as the Court thinks fit.
(5) The provisions-relating to
appeals by indigent persons shall, so far
as they can be made applicable apply to
an objection under this rule."
(emphasis supplied)

16. It is not in dispute that no cross
objections were filed by the present appellant,
being a respondent in Second Appeal No.819 of
2002, against the finding of the first appellate
court regarding joint tenancy rights of the present
appellant with Prem Chandra. The said cross
objections, if filed, could have been considered
on merits irrespective of withdrawal of Second
Appeal No. 891 of 2002 as per sub-rule (4) of
Rule 22 of Order 41 but, in absence of such cross
objections having been filed, no contrary view
can be taken as regards the finding recorded in
judgment dated 22.04.2002 passed in Civil
Appeal No.104 of 2000 inter se parties.
(emphasis supplied)

17. For all the aforesaid reasons, having
found no fault in the judgment dated 07.05.2014
passed in Civil Appeal No.130 of 2013, this
Court does not find any merit in the instant
second appeal. Consequently, the second appeal
stands dismissed at the admission stage itself.

18. Office is directed to send the record
of both the courts below to the District Judge,
Hapur for being preserved and maintained in
accordance with General Rules (Civil), 1957.
----------
(2024) 10 ILRA 824
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 04.10.2024

BEFORE

THE HON'BLE AJAY BHANOT, J.

Criminal Misc. Bail Application No. 30292 of
2024

Rajendra Prasad ...Applicant
Versus
State of U.P. & Ors. ...Opposite Parties

Counsel for the Applicant:
M.P. Srivastava, Manoj Kumar Kushwaha

Counsel for the Opposite Parties:
G.A.
10 All. Rajendra Prasad Vs. State of U.P. & Ors.
825
Criminal Law-Protection of Children from
Sexual Offences Act, 2012 - Sections 16
& 17 - Bail - Role of courts in
enforcement of statutory rights of child
victims - Entitlements such as support
person, legal aid, medical assistance,
counselling,
and
schooling
must
be
ensured by statutory authorities including
Child Welfare Committee, police, and legal
services - Magistrates and trial courts
must call for reports, make relevant
inquiries
and
record
satisfaction
on
compliance
-
St.
and
statutory
institutions obligated to ensure these
safeguards even at bail stage.

Criminal Procedure - Bail in POCSO cases
- Role of judiciary - Held, courts must
oversee compliance of child victim rights
under POCSO Act during bail hearings -
Directions
issued
for
submission
of
compliance reports by CWC and police -
Judicial officers to ensure enforcement of
victim
entitlements
through
legal
oversight
-
Failure
to
implement
statutory safeguards frustrates legislative
intent and results in miscarriage of
justice.

POCSO Act - Institutional safeguards -
Directions issued to St. Government and
Secretary, Women & Child Development,
U.P. to develop reporting formats for CWC
and
conduct
regular
training
for
compliance
-
Mandate
to
monitor
enforcement
of
child
victim
rights
throughout
legal
proceedings-
Bail
application dismissed - Compliance with
statutory rights of victim to be ensured by
trial courts. (Paras 7, 8, 9, 10, 11, 13, and
14)

HELD:
Victims under the POCSO Act are entitled for
various support systems like support person,
legal aid, medical care, counselling services and
other beneficial schemes of the St. Government.
The child victims of sexual abuse are a most
vulnerable class of citizens. The children of the
said class are often incapacitated in their search
for justice by other disabling circumstances like
the
trauma
of
the
incident,
social
marginalization, financial penury, legal illiteracy
and the like. Bereft the support systems
guaranteed by the statute, child victims of
sexual offences under the POCSO Act cannot
prosecute their cases effectively before the
competent court. (Para 7)

The realization of the statutory rights of child
victims of sexual offences under the POCSO Act
is the key to empower them to engage with the
legal process on a fair footing. The statutory
support systems enhance the capacity of the
said victims to interface with officials and secure
their rights. Empowerment of children who are
victims of sexual offences is an imperative
necessity to remove the barriers in their search
for justice. And the same can be achieved by
fruition of their statutory rights. Denial of rights
vested in child victims of sexual offences by the
POCSO Act during court proceedings will defeat
the legislative intent of the statute and result in
miscarriages of justice. (Para 8)

The reports depicting compliance of the above
parameters and details of the facilities and
support systems provided to the child victims as
per law shall be submitted by the Child Welfare
Committee (CWC) and the police respectively
before the court at the hearing of the bail
applications. The learned trial courts shall
examine the aforesaid reports at the time of
hearing of the bail applications and if required
shall issue appropriate directions. (Para 13)

The above mandate of POCSO Act has to be
rigorously
followed
and
meticulously
implemented. Currently the implementation of
the POCSO Act in the above St.d manner is
deficient, which frustrates the legislative intent.
Legislation cannot be reduced to a dead letter
by apathy of the statutory authorities. (Para 14)

Application dismissed. (E-14)

List of Cases cited:

Junaid Vs St. of U.P. & anr., reported at 2021
SCC OnLine All 463

(Delivered by Hon'ble Ajay Bhanot, J.)

1. Matter is taken up in the revised
call.
826 INDIAN LAW REPORTS ALLAHABAD SERIES

2. Heard Shri M.P. Srivastava, learned
counsel for the applicant and Shri Chandan
Agrawal, learned AGA-I for the State.

3. By means of this bail application
the applicant has prayed to be enlarged on
bail in Case Crime No.516 of 2022 at
Police
Station-Chaubeypur,
DistrictVaranasi under Sections 376, 120B I.P.C.
and Section 16/17 of the POCSO Act. The
applicant is in jail since 04.11.2022.

4. The bail application of the applicant
was rejected by learned trial court on
06.07.2024.

5.
From
the
records
and
the
submissions of the learned A.G.A., it is
evident that the victim has not been
apprised of her rights to a support person
and a legal counsellor. The records do not
depict the appointment of support person or
legal aid/counsel for a victim. Status of
grant entitlements of the victim under the
POCSO Act are also absent in the records
of the State. This assumes importance in
view of the fact that the victim is the
daughter of the applicant.

6.
The
issue
that
arises
for
consideration in the bail application is the
need and the manner to realize the rights of
child victims under the POCSO Act
offences in bail proceedings.

7. Victims under the POCSO Act are
entitled for various support systems like
support person, legal aid, medical care,
counselling services and other beneficial
schemes of the State Government. The
child victims of sexual abuse are a most
vulnerable class of citizens. The children of
the said class are often incapacitated in
their search for justice by other disabling
circumstances like the trauma of the
incident, social marginalization, financial
penury, legal illiteracy and the like. Bereft
the support systems guaranteed by the
statute, child victims of sexual offences
under the POCSO Act cannot prosecute
their cases effectively before the competent
court.

8. The realization of the statutory
rights of child victims of sexual offences
under the POCSO Act is the key to
empower them to engage with the legal
process on a fair footing. The statutory
support systems enhance the capacity of the
said victims to interface with officials and
secure their rights. Empowerment of
children who are victims of sexual offences
is an imperative necessity to remove the
barriers in their search for justice. And the
same can be achieved by fruition of their
statutory rights. Denial of rights vested in
child victims of sexual offences by the
POCSO Act during court proceedings will
defeat the legislative intent of the statute
and result in miscarriages of justice.

9. Various authorities have been
created under the POCSO Act to uphold the
rights of victims. The said authorities like
police, Child Welfare Committee, District
Legal
Services
Authorities,
medical
authorities,
district
administration
are
enjoined by the statute to provide the
entitlements under the POCSO Act to
victims like support persons, medical
specialists, legal aid, beneficial schemes of
the government and so on. Responsibility is
cast on the courts/magistrates considering
the bail applications in POCSO offences to
ensure that entitlements of the victims are
provided and the rights conferred by the
said enactment are enforced. Faithful
execution of the said responsibilities will
ameliorate the disadvantages faced by child
victims in legal proceedings.
10 All. Rajendra Prasad Vs. State of U.P. & Ors.
827

10. The rights and entitlements of the
victims under the POCSO Act can be
realized at the stage of bails and during the
trials only by bringing the concerned
statutory authorities like Child Welfare
Committee (C.W.C.), medical authorities
and the police authorities within the scope
of
the
jurisdiction
of
the
learned
magistrates/learned trial courts. The said
authorities shall remain accountable to the
learned magistrates/trial courts for the
purposes of implementing the rights of the
aforesaid victims during the course of
various legal proceedings including bails.
The said authorities have to apprise the trial
court about the manner in which the rights
of victims under the POCSO Act have been
implemented. The learned trial courts are
under an obligation of law to consider the
said reports, make relevant enquiries from
the said competent authorities and record
their satisfaction as regards access of
victims to their entitlements and support
systems under the POCSO Act.

11. The following tabulated chart will
depict some of the entitlements of the child
victims of sexual offences under the
POCSO Act read with POCSO Rules and
other provisions of law. The chart also
shows the authorities who are required to
provide the aforesaid entitlements to the
child victims:

Sr.
No
.
Nature
of
entitlements
of victims
Competent
Authorities
1
Protection
Special
Juvenile
Police
Unit
(SJPU)/Local Police
Authorities/Child
Welfare
Committee/Magistrat
es
2
Medical Aid
Competent
medical
authority/
police
authorities/Child
Welfare Committee
3
Counselling
Competent
medical
authority/
Child
Welfare Committee
4.
Schooling
Child
Welfare
Committee/Basic
Education
Officer/District
Inspector of School
5.
Support
Person
Child
Welfare
Committee
6.
Legal Aid
District
Legal
Services
Authority
on
recommendation
of
Child
Welfare
Committee
7.
Government
Aid/Benefici
al
Government
Schemes
Child
Welfare
Committee/District
Administration
8
Any
other
items
under
the
POCSO
Act read with
POCSO
Rules
Child
Welfare
Committee/As
provided by law.

12. The narrative and the observations
made above can be fortified by the
judgement of this Court in Junaid v. State
of U.P. and another, reported at 2021
SCC OnLine All 463 wherein it was held:

"42. However, the said judgments
are not entirely bereft of precedential value
for Allahabad High Court. The application
has to be nuanced. It has to be stated that
the said judgments of Delhi High Court and
Bombay High Court enrich legal debate,
and elevate the concerns of child rights to
the conscience of the court. The judgments
have sensitized the process of law and
828 INDIAN LAW REPORTS ALLAHABAD SERIES
ameliorated the plight of child victims by
acknowledging the responsibilities of the
courts and making the CWC, Legal
Services Authorities and police officials
accountable to courts in bail applications.
These recognizable principles of law can be
clearly distilled from Reena Jha (supra),
Miss G (supra), Arjun Kishanrao Malge
(supra)."

13. The reports depicting compliance of
the above parameters and details of the
facilities and support systems provided to the
child victims as per law shall be submitted by
the Child Welfare Committee (CWC) and the
police respectively before the court at the
hearing of the bail applications. The learned
trial courts shall examine the aforesaid
reports at the time of hearing of the bail
applications and if required shall issue
appropriate directions.

14. The above mandate of POCSO Act
has
to
be
rigorously
followed
and
meticulously implemented. Currently the
implementation of the POCSO Act in the
above stated manner is deficient, which
frustrates the legislative intent. Legislation
cannot be reduced to a dead letter by apathy
of the statutory authorities.

15. The Secretary, Department of
Women and Child Development, Uttar
Pradesh Government is directed to ensure
that proper formats of reports to be submitted
by the CWCs before the courts in bail
applications under the POCSO Act are
created in line with the observations in this
judgement and other requirements as per law.
Furthermore, proper training programmes to
build the capacity of the CWCs to draw up
such reports shall also be undertaken on a
regular routine basis. The State Government
shall regularly monitor the compliance of the
above said directions.

16. The victim is a minor who is 14
years of age. The applicant is the father of the
victim. The victim has identified the
applicant as the principal offender who
trafficked her for money. The victim is
vulnerable. The offence is grave. There is
likelihood that the applicant had committed
the offence. At this stage, no case for bail is
made out.

17. Without going into the merits of the
case, the bail application is dismissed.

18. A copy of this order be sent to learned
Government Advocate for service upon the
Director General of Police, Government of U.P.
and Additional Director General of Police
(Prosecution), Government of U.P., Lucknow
as well as Secretary, Department of Women
and
Child
Development,
Uttar
Pradesh
Government for compliance.
----------
(2024) 10 ILRA 828
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 25.10.2024

BEFORE

THE HON'BLE SAUMITRA DAYAL SINGH, J.
THE HON'BLE DONADI RAMESH, J.

First Appeal No. 213 of 2018

Sanjay Chaudhary ...Appellant
Versus
Guddan @ Usha ...Respondent

Counsel for the Appellant:
Anil Kumar Mehrotra, Srijan Mehrotra

Counsel for the Respondents:
Anurag Vajpeyi, Bindu Kumari, Gaurav
Tripathi

Civil Law- Family Courts Act, 1989-
Section 19 - Declareation sought by the
appellant-marriage was void- declined-