The Allahabad High Court at Lucknow has given a significant ruling on the issue of impleadment of Complainant as Party in Bail Application For Offences under POCSO Act and What will be the procedure to serve the complainant, so as to protect the identity of the child.
Justice Vivek Chaudhary has delivered this important ruling while considering the bail application of an accused under POCSO Act.
Background
The Accused-applicant-Rohit was involved in F.I.R. lodged under Sections 363, 366 and 376 I.P.C. and Sections 3 /4 of Protection of Children from Sexual Offences Act, 2012.
In his bail application, the applicant had initially impleaded the complainant by name as opposite party no.2. The Registry while reporting raised an objection that the complainant is made a party and, thus, counsel for the applicant deleted the name of the complainant as opposite party no.2.