Calcutta HC Directs Change of Public Prosecutor in POCSO Case, Citing Risk to Prosecution Integrity

The Calcutta High Court has issued a directive to the state to replace its current Public Prosecutor in a POCSO (Protection of Children from Sexual Offences) case, citing concerns over the potential compromise of the prosecution’s integrity. In a recent judgment, the court underscored the gravity of the petitioner’s apprehensions, emphasizing the risk of the prosecution case suffering under the current prosecutor’s handling.

The case revolves around a victim who lodged a complaint under the POCSO Act, seeking justice for alleged offenses. The petitioner expressed serious reservations regarding the suitability of the current Public Prosecutor, raising concerns that the case might not be adequately pursued under their stewardship. Notably, the respondent in question, also a local councilor, faces significant accusations falling within the ambit of the POCSO Act.

While acknowledging that mere official status should not prejudice a case, the court highlighted the specificity and gravity of the allegations against the councilor. The authorities’ decision to seek a separate trial for the councilor outside the purview of the POCSO Act raised serious doubts about the case’s handling. Furthermore, the court observed discrepancies in the nature of the allegations and the line of questioning pursued during the proceedings.

Although refraining from delving into the case’s merits preemptively, the court deemed the petitioner’s concerns credible, noting the potential detriment to the prosecution’s interests. Consequently, it directed the state to appoint a replacement Public Prosecutor with requisite competency and experience in POCSO matters, ensuring the case’s fair and effective prosecution.

This directive underscores the judiciary’s commitment to upholding the integrity of legal proceedings, particularly in sensitive cases concerning the safety and well-being of vulnerable individuals. By prioritizing the need for competent prosecution in POCSO cases, the court reaffirms its dedication to ensuring justice for victims while maintaining the sanctity of legal processes.