POCSO | HC criticises Trial Judge for signing judgment without Proper Review

Recently, the Allahabad High Court strongly criticised a trial court judge for signing a judgment in a POCSO case without ensuring that crucial procedural requirements were recorded in the decision. Hearing an appeal against an acquittal order passed by a Special Judge, the Court noted that the judgment failed to indicate whether the trial court had assessed the child victim’s competence to testify, an omission the High Court found deeply troubling in a case involving allegations of sexual offences against a minor.

The Appeal was filed challenging the acquittal of the accused in a case registered under the provisions of the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act. While examining the trial court record, the High Court noticed that the judgment contained no reference showing that the trial judge had evaluated the child victim’s ability to understand questions or distinguish between right and wrong before recording her testimony.

The Court consequently sought an explanation from the presiding judge. In response, the trial judge stated that the victim had indeed been examined regarding her competency, but the relevant certificate was omitted from the judgment due to workload and because the typist failed to record it while transcribing statements dictated by the judge.

The Division Bench of Justice Salil Kumar Rai and Justice Dr. Ajay Kumar-II found the explanation unsatisfactory and emphasised that a judicial officer cannot sign a judgment without verifying its contents. The Bench observed, “We are not able to appreciate that the trial Court signed the judgment without even looking into all the contents of the judgment and left it to the discretion of the reader/typist.”

The Court further noted that cases under the POCSO Act demand heightened judicial sensitivity. While refraining from initiating further action at this stage, the Bench admitted the appeal, directed issuance of notice to one of the respondents, and ordered the trial court record to be summoned.

The matter has been listed for final hearing in July 2026.

Case Title: Arvind Vs. State of U.P. and Ors.

Case No.: Criminal Appeal U/S 413 BNSS No. - 62 of 2026

Coram: Hon'ble Mr. Justice Salil Kumar Rai, Hon'ble Justice Dr. Ajay Kumar-II

Advocate for the Petitioner:  Adv. Deshraj Singh

Advocate for the Respondent: G.A.

Read Judgment @Latestlaws.com