pocso

THIRUVANANTHAPURAM: Kerala State Human Rights Commission has sent the report submitted by ADGP of Law and Order Department to the Registrar of Kerala High Court and Additional Chief Secretary of Home Department for further action to avoid the situation of reduced conviction rate in POCSO cases.

Acting Chairperson and Judicial Member of the Commission, K Baijunath, action came in a public interest litigation seeking to avoid the situation of reduced conviction rate in POCSO cases.

These are the reasons cited for the low conviction rate in POCSO cases.


* During the trial survivor and witnesses change their statements in favour of the accused.

* Survivor and relatives settle the case out of court by taking money and favours from the accused.

* There is a delay in completing the investigation of the case

* Failure to collect evidence against the accused.

* There is a lapse in surveillance on the part of superior officers during investigation and trial.


Proposals to increase the rate of punishment

164 CrPC statement of the survivor and key witnesses should be recorded to avoid changing the statement in favour of the accused.

To prove the crime, circumstantial/scientific evidence rather than oral evidence must be found to establish that the crime has been committed.

Chemical examination result, scene plan, birth certificate and medical examination certificate should be collected without delay and submitted along with the charge sheet.

Before filing the charge sheet, the investigating officer discusses the evidence and takes legal advice on the relevance of the evidence.

District police chiefs should review the progress of investigation of POCSO cases in monthly crime conference.

The District Nodal Officer of POCSO cases should scrutinize the evidence collected by the investigating officers.

A woman police officer who is efficient and knowledgeable in POCSO law should be appointed as a permanent assistant to assist in trial proceedings in the POCSO court.

In case of death, victim compensation paid earlier should be recovered. In the case where the relatives of the deceased are the accused, the victim should be kept safe. Victim Liaison Officer should visit the survivor regularly. If the accused tries to influence the survivor, the court should be informed about it.


The report also said that the circular 4/21 of the police headquarters should be strictly followed. The action was taken on a complaint filed by public servant Adv V Devdas.