Hyderabad: Although the Protection of Children from Sexual Offences (Pocso) Act calls for speedy trials, the conviction rate in child molestation cases is very low in Telangana.
As per the Act, the police must file charge sheets in 30 days after registration of FIR and the trial has to be completed in 90 days. However, most cases fall flat in court due to lack of evidence and other reasons. The cases also face delay during investigation and trial.
As per available data the conviction rate in child sexual offence cases in the state is less than 24 per cent. There is also a pendency of around 76 per cent both under investigation and trial.
Legal experts cite various reasons for the poor conviction rate and increasing pendency. “As per the Pocso Act special courts are necessary. But, in TS the courts are not ‘special’. They are regular sessions courts where other major cases like anti-terror cases, narcotic cases, immoral trafficking cases etc are being tried. These judges have a huge backlog,” said a senior advocate.
“All special courts have tons of cases pending over years. It is impossible for judges to clear them fast,” said another lawyer Gulam Rabbani. Another major issue is the slow investigation. “Most investigation officials cannot submit charge sheet within the deadline prescribed by the Pocso Act. Every police station has cases piled up for invetigation,” said a senior police official. “If the investigation is carried out in haste it would be easy for the defence to punch holes in the prosecution case. So we take time to probe cases,” he added.
Legal experts say the shortage of prosecutors is another reason for the poor conviction rate. The courts usually reschedule trials due to the absence of prosecutors.
Police officials say that often cases fall flat in court when victims and witnesses turn hostile and also due to intimidation.
