Mumbai: The Bombay high court has pulled up Protection of Children from Sexual Offences (POCSO) court for proceeding with a trial that the high court had stayed. The High Court said, “POSCO had not observed the cardinal principle of jurisprudence during the trial.” Noting that the action of the POCSO court created apprehension in mind of the accused, the high court transferred the case to other court. Hearing a transfer application filed by Advocate Samir Vaidya, Justice A.M. Badar said, “Any person facing a trial is entitled to a fair trail.”
Directing the Principle Judge of the Sessions Court to transfer the case to some other court, the single judge bench of the High Court observed that from the record sheets of the Designated 35th court, it can be observed that the applicant/accused had every reason to feel that he would not get a fair trail. Coming heavily on the Designated Court, the HC referred to a couple of SC judgements which state that even an accused facing serious charges, he or she has every right for a fair trail and if he has reasons to apprehend that the court is biased towards him, he has every right to seek protection of his right for fair trail.