By Astha Bhumish Shah 

The Meghalaya High Court has observed that even with a delay of one year in commencing trial under the Protection of Children from Sexual Offences Act, 2012 (POCSO), while deciding on bail, the gravity of the offence needs to be taken into consideration. In the present case, the accused had been arrested in relation to a POCSO case and a chargesheet had been filed against him in June 2023. He had contended that as per Section 35 of POCSO Act, the trial should be completed in one year, since no charges were framed nor were the prosecution witnesses examined, there would be a prolongation of trial, violating his liberty to defend the case and his fundamental rights under Article 21 of the Indian Constitution. Additionally, that the delay in the trial would automatically be a ground for a grant of bail. While examining the provisions of Section 35(2) of the Act which says that the Special Court must complete ‘as far as possible’ the trial within a period of one year from the date of taking cognizance of the offence, the Court observed that the phrase ‘as far as possible’ needs to be taken into account in the present case. Further, it stated that the Court needs to consider the seriousness and nature of the offence, especially in cases of sexual assault against minors. Noting that the victim in the present case was subjected to gang rape, the Court rejected the bail application of the accused. The High Court directed the Trial Court to frame charges and examine the victim within a period of three weeks. (Shri. Thosterning Lyngdoh Nonglait vs. State of Meghalaya & Ors., BA. No. 7 of 2024) 

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