HC to State: Formulate guidelines for conducting identification parade in POCSO cases
The Aurangabad bench of the Bombay High Court has ordered the state government to develop rules for test identification parades in cases registered under the POCSO Act. The court issued the directive after a minor survivor was made to appear on jail premises to identify the accused. The court expressed astonishment at the violation of the POCSO Act and ordered the state to frame guidelines for test identification parades in such cases.
MUMBAI: The Aurangabad bench of Bombay high court (HC) recently ordered the state government to develop suitable rules for the police to follow when conducting test identification parades (TIPs) in cases registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012. TIP is a legal procedure to verify the accuracy of a witness’s identification of a suspect in a criminal investigation.
The division bench of justices Vibha Kankanwadi and Abhay S Waghwase issued the direction to prevent direct confrontation between the accused and the child survivor, as mandated by the POCSO Act. The bench wanted to ensure that the identification process was conducted in a way that protects the child and follows the mandate of the POCSO Act.
The bench was hearing an appeal filed by a 21-year-old convict who was sentenced to life imprisonment for raping a 6-year-old and issued the directive after noticing that the child was made to appear in jail premises to identify the accused.
The judges expressed astonishment at the fact that a minor girl was made to appear on the jail premises and was further made to identify the culprit by making her touch the person, going against the very object of the POCSO Act which mandates the state to take appropriate precautions not to expose the child survivors to the accused persons.
“Though the TI parade was conducted through Naib Tahsildar (Executive Magistrate), we are astonished to find that in a case where provisions of the POCSO Act are attracted, a minor of six years of age and victim (survivor) of sexual assault is made to appear on jail premises and further made to identify the culprit amongst a line of dummies by making her touch the person,” said the bench.
“In fact, the POCSO Act itself provides detailed mechanisms regarding precautions to be taken to, as far as possible, avoid direct confrontation between accused and victim. However, here, such precaution has apparently not been taken, thereby frustrating the very object of the statute, like the POCSO Act,” the court added.
It was further noted that there were several circumstances in which the minor could have directly faced the accused, including an instance where the victim as well as the accused were called to the Bori Rural Hospital on the same day for the collection of blood samples for DNA tests.
The court considered this a gross failure on the part of the police and the executive magistrate who undertook the TI parade and has undertaken to deal with it at a later stage of the case.
In light of the blatant violation of the mandates of provisions of the POCSO Act and guidelines set by the apex court, the court directed the state to frame guidelines for test identification parades in cases registered under the 2012 enactment. The court has also asked the state to make standard operating procedures for TIPs in such cases so as to ensure the confidentiality of the minor taking part in the parade.
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