Vijayawada: The rate of victims turning hostile in protection of children from sexual offences (Pocso) Act 2012, cases as observed from judgement analysis was a shocking 77.5 per cent in Andhra Pradesh.
The victims and witnesses of child abuse cases have been either turning hostile or changing their initial statements during the hearing of the cases.
AP has one of the highest rates of witnesses turning hostile, observed amongst the five states where the study has been conducted by the Centre for child and the law, National Law School of India University, Bengaluru, based on the working of special courts under the Pocso Act, 2012.
In AP, this was attributed to a severe lack of support during the investigation and trial process.
The National Law School had conducted their study in Prakasam and Guntur districts of AP in November 2017 and the presentation of the report was recently held in a meeting at Vijayawada.
As many as 60 of 509 cases (11.7 per cent), belonging to the Pocso Act 2012, cases were committed to the special court, indicating that this provision was largely complied with.
The percentage of committals steadily declined from 15.3 per cent to 6.66 per cent from 2013 to 2016.
According to the study, from judgement analysis that the identity of the victim was compromised in 493 out of 509 cases (96.85 per cent), the name of the child was identified only in 103 of the 493 cases (20.8 per cent).
In some cases, the names of the child and parents, though not disclosed in the body of the judgement, were listed at the end of the judgement. Identity was fully protected in 16 cases (3 per cent). The most common ground acquittals were recorded in each of the 395 cases in which the victim turned hostile (100 per cent).
Of the 27 cases in which the testimony of the victim was found unreliable, the accused was convicted under the Pocso Act in four cases (14.81 per cent), which had victims below 12 years.
The study stated that final compensation was awarded to victims in 17 (3.3 per cent) of the 509 cases, under three different provisions, namely Section 357, Cr. P.C, Section 357-A, Cr. P.C, and Section 33(8), Pocso Act.
The study pointed out that the CWCs in AP had not appointed any support persons like a translator or special educator in the two districts where fieldwork was conducted.
Convictions were recor-ded in 57 of 509 cases (11.19 per cent), pegging the rate of acquittal at an alarming 88.81 per cent.
Convictions were recorded solely under the Pocso Act in 14 cases (24.56 per cent), and solely under the IPC in seven cases (12.28 per cent).
In 36 cases (63.15 per cent), convictions were recorded under both the Pocso Act and the IPC.
Network against Trafficking & Sexual Exploitation in Andhra Pradesh (NATSAP), state convener Rammohan Nimmaraju said, “Appointment of special public prosecutors in all the designated special courts along with special training on child protection and rights are needed and large amount of fine should be imposed on the accused and this should be given as compensation to the victim,” he said. Further victim and witness protection services should be implemented, as coordination among functionaries will help in controlling the crime against children,” added Mr Rammohan.
