POCSO Accused Not Entitled to Bail Merely on Ground of Non-Compliance of Section 35: Karnataka High Court The Karnataka High Court has held that noncompliance of section 35 of the Protection of Children from Sexual Offences Act, 2012 will not entitle the accused to be released on default bail. The purpose of the Act is to ensure that the victim-child is secured from the trauma of trial of the case at the earliest so that she or he could be rehabilitated and reintegrated into society at the earliest. The said provision is not to be interpreted in favour of the accused so as to mandate release of the accused, ” the court said while interpreting the law. “It may be practically impossible for the trial court to conclude the trial within one year from the date of cognizance by the said court in a majority of the cases. But that does not give a right to the accused to seek bail for the reason, ” the Bench observed. Reddy & Reddy Law Firm is a multidisciplinary law firm. They have an experienced team of lawyers ready to assist in all your disputes.
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