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Case Overview

Case Name: Arvind v State of UP and 3 Others

The case of Arvind v State of UP & 3 Others came before the Allahabad High Court where a Division Bench comprising Justice Salil Kumar Rai & Justice Ajay Kumar examined an appeal challenging the acquittal of an accused in a case under the POCSO Act.

While reviewing the trial court judgment the High Court observed that the order lacked details regarding the competency of the child victim to testify. In criminal trials involving child witnesses courts are required to verify whether the child understands the questions asked & can distinguish between truth & falsehood.

The High Court had earlier sought an explanation from the trial judge. The judge stated that he had indeed examined the victim’s ability to give evidence but the certification reflecting th satisfaction was omitted by the court reader (typist) while typing the judgment due to workload.

Key Aspects

The matter raised concerns about procedural diligence in criminal trials involving child victims. The High Court emphasized that judgments must clearly shows the court’s satisfaction regarding important procedural safeguards. Such omissions may affect the fairness & reliability of judicial decisions particularly in sensitive offences.

• The trial court acquitted the accused in a case under the POCSO Act .
• The judgment did not mention whether the child victim’s competency to testify was assessed.
• No certificate was recorded confirming that the child understood the questions & could distinguish truth from falsehood.
• The trial judge claimed the omission occurred due to a typographical lapse by the court reader!.
• The Allahabad High Court examined whether signing a judgment without verifying its contents amounted to judicial negligence .

Legal Insights

The case showcases important procedural safeguards governing child witness testimony & judicial responsibility in criminal trials. The provisions ensure fairness, transparency & sensitivity when dealing with offences involving minors.

• Section 118 of the Indian Evidence Act, 1872: tells that all persons are competent to testify unless the court considers them incapable of understanding questions or giving rational answers due to age or other factors.

• Section 33(2) of the POCSO Act, 2012: Requires Special Courts for child-friendly procedures while recording evidence & handling trials.
• Section 35 of the POCSO Act, 2012: Mandates speedy trial & careful handling of cases of child victims.
• Section 353 of the Code of Criminal Procedure, 1973 (CrPC): Requires that judgments be pronounced & properly recorded by the presiding judge.

Court’s Verdict

The Allahabad High Court found the explanation of the trial judge unsatisfactory by observing that a judge cannot sign a judgment without verifying its contents & leave such responsibility to a typist. The Bench also noted that cases under the POCSO Act demand greater sensitivity & judicial care.

Source –  Allahabad High Court 

Read also – Indian Evidence Act, 1872

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