Move appeal if Pocso Act case accused get relief from trial court, State PP tells TN police chief

CHENNAI: In child sexual abuse cases where the accused persons got relief from trial court, the police personnel or investigating officers should expeditiously initiate steps move appeal, said State Public Prosecutor Hasan Mohammed Jinnah in a letter to the Head of Police Force.

In the communication, the State PP asked DGP Shankar Jiwal to issue instructions to officials across the State in this regard.

If the trial court releases the accused booked under Pocso Act for alleged sexual violence against children, the prosecution or investigation officer should move appellate court or the Madras High Court challenging the acquittal, Jinnah said in the letter.

The DGP should instruct all investigation officers in this regard that if any Pocso Act case accused got relief in the trial court, they should immediately seek legal advice from the State law officer to get opinion whether to move an appeal or not, he said.

In the letter, Jinnah cited a recent Pocso Act case where the accused was convicted only under the Indian Penal Code and not under the special act. When the matter reached the Madras High Court, the court asked why the prosecution agency and investigation officer failed to move an appeal challenging the trial court order.

Citing the case, the State PP stressed that he was writing the letter urging the HoPF to direct the investigation officers dealing with Pocso Act-related cases that they should obtain legal advice to move the appeal if the accused manages to obtain relief from the lower court.