THE Allahabad High Court recently observed that sexual assault victims were facing undue harassment because of delays in their medicolegal examination due to the nonavailability of radiologists in various districts across the State.
Justice Krishan Pahal directed the Director-General (Medical and Health) to remain present before the court.
The senior health department officer has also been directed to file an affidavit with district-wise details of the number of radiologists, according to Bar and Bench. The court passed the order while dealing with the bail application of an accused in a case under the Protection of Children from Sexual Offences Act, 2012.
The court in July had directed the Chief Medical Officer Ballia to get an ossification test of the victim conducted. The court was then informed the victim’s examination could not be conducted as the radiologist there had expired.
The Government counsel told the court that on directions of the Additional Director, Health, Azamgarh, the victim was later taken to Varanasi. However, her radiological examination was refused there as the court order was for the CMO Ballia to conduct the exam.
“This is a classic example of red tape approach,” the judge noted. In the present case, the ossification report revealed that the alleged victim was above 18 years of age, prompting the court to criticise the wrongful invocation of the POCSO Act.
Due to such false representation of age, the accused remained in jail for more than six months. Such imprisonment could have serious implications for his life, reputation, and future, the court observed. The court further said that the POCSO Act was designed to protect minors but appears to have been misused in this case.
Considering the facts and circumstances of the present case, the court granted bail to the accused.
