"Abject Failure" in Implementing POCSO Laws: Bombay High Court Overturns Lenient Sentencing in Child Sexual Assault Case

In a landmark judgment, the Bombay High Court, presided over by Justice Bharati Dangre, critiqued the flaws in implementing the Protection of Children from Sexual Offences (POCSO) Act. Describing it as an "abject failure" on the part of prosecution and presiding judges, the court overturned a lower court's sentence.

The case involved an accused, Rodu Bhaga Wagh, convicted for attempting to sexually assault a 10-year-old girl. He had been sentenced to just three years of rigorous imprisonment by the Special Judge, which drew strong criticism for being lesser than the minimum prescribed punishment under the POCSO Act.

Justice Dangre pointed out that "It is not open to a Court to impose a punishment lesser than the minimum that is prescribed...in no case, the punishment could have been restricted to 3 years of rigorous imprisonment."

The judgment specifically highlighted that neither the Special Public Prosecutor nor the lower court had paid heed to the mandatory sentencing provisions under the Act. "The prosecution and the Judges presiding over the POCSO cases are expected to be conversant with the provisions of the special enactment," said Justice Dangre.

Justice Dangre observed that there was an "abject failure" to notice the glaring flaws in the punishment imposed. The judge further added, "The State and the Special Public Prosecutor continue to act mute spectators to the flawed implementation of the legislation, which is specifically intended to protect the children."

The case is likely to have an immediate impact on how POCSO cases are tried and sentenced. Legal experts believe that this ruling will serve as a strong deterrent to lax implementation of the laws designed to protect minors from sexual assault.

The High Court's observations have also intensified the ongoing conversation surrounding the efficiency and effectiveness of Special Courts and Prosecutors in handling POCSO cases.

Experts suggest that this judgment will serve as a wake-up call for authorities involved in the implementation of the POCSO Act. It emphasizes the need for rigorous adherence to the law, particularly when it comes to sentencing offenders in such sensitive cases.

Date of Decision: 5 September, 2023

Rodu Bhaga Wagh vs The State of Maharashtra & Anr.