Delhi High Court Stays Trial Proceedings in POCSO and Juvenile Justice Act Case

Legibility of FIR Screen Shots and Cognizance Delay Under Scrutiny

In a significant development, the Delhi High Court has ordered a temporary halt on the trial proceedings related to charges framed under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015. The decision was made following a criminal revision petition filed by Praveen Shankar Kapoor, challenging the order from the Dwarka Courts which framed charges under Section 23 of the POCSO Act and Section 74 of the Juvenile Justice Act.

Justice Ravinder Dudeja presiding over the case has expressed concerns regarding the legibility and readability of the screen shots of the FIR annexed with the chargesheet, which are alleged to be illegible. This raises doubts about the ability to verify the contents of the FIR, specifically whether the identity and details of the victim were disclosed in the purported tweet. The court acknowledged the potential implications of such inadequacies in ensuring a fair trial.

Furthermore, the petitioner's counsel, Mr. Pavan Narang, argued that the cognizance of the offence was taken well beyond the prescribed limitation period, without condonation of the delay. According to Section 23 of the POCSO Act, the punishment ranges from six months to one year or a fine or both, while Section 74 of the Juvenile Justice Act mandates a maximum sentence of six months or a fine. Legally, cognizance should have been taken within one year from the date of the offence, which occurred on June 13, 2021. However, it was delayed until December 6, 2024, prompting allegations of procedural error.

The court has issued notices regarding the petition and interim application, with the State's Additional Public Prosecutor seeking time to file a status report on the matter. Respondent no.2 is also to be notified through the Investigating Officer, with the provision to have an advocate appointed at state expense.

The proceedings before the trial court have been kept in abeyance until the next hearing scheduled for March 23, 2026. This interim order highlights the judiciary's commitment to ensuring procedural integrity and the protection of rights under the legal framework governing child protection and juvenile justice.

Bottom Line:

Criminal Revision - Framing of charges under Section 23(4) of POCSO Act read with Section 23(1) and (2) of POCSO Act and Section 74 of Juvenile Justice Act - Legibility and readability of screen shots containing FIR questioned - Delay in taking cognizance beyond the prescribed limitation period without condonation of delay challenged - Proceedings before trial court stayed pending further hearing.

Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Section 23(4), Section 23(1) and (2); Juvenile Justice (Care and Protection of Children) Act, 2015 Section 74

Praveen Shankar Kapoor v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2811891