Recommendation to increase the penalty rate in POCSO cases
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Thiruvananthapuram: To prevent a reduction in conviction rates in POCSO cases, the Kerala Human Rights Commission forwarded a report prepared by M R Ajith Kumar, the Additional Director General of Police (ADGP) for Law and Order, to the Kerala High Court Registrar and the Additional Chief Secretary to the Home Department. K Baijunath, acting chairperson and judicial member of the commission, handed over the report.
Social activist V Devdas filed a Public Interest Litigation (PIL) pointing out that punishment rates for POCSO cases were declining. A detailed report has been submitted by the ADGP. The ADGP's report implicates the investigators. There was a lapse in collecting evidence against the accused and a delay in completing the investigation. During investigation and trial, superior officers failed to supervise. Survivors and witnesses changed their statements in favor of the accused and settled the case outside the court for money and favors.
In order to increase punishment rates, the ADGP recommends:
164 CrPC statements of the victim and key witnesses should be recorded to avoid changing the statement in the accused's favor.
To prove that a crime was committed, circumstantial/scientific evidence must be found rather than oral evidence.
In addition to the charge sheet, the chemical examination result, scene plan, birth certificate, and medical examination certificate should be collected without delay.
In order to file a charge sheet, the investigating officer should discuss the evidence and seek legal advice.
In monthly crime conferences, district police chiefs should review the progress of investigations into POCSO cases.
A District Nodal Officer should scrutinize the evidence collected by the investigating officers in POCSO cases.
Assisting in trial proceedings in POCSO court should be a woman police officer who is efficient and knowledgeable in POCSO law.
Victim compensation should be refunded in cases of defection.
The Survivor should be protected when the deceased's relatives are accused.
Victim Liaison Officers should visit Survivors regularly.
The court should be informed if the accused attempts to influence the Survivor.