Madurai Bench of the Madras High Court has held there was nothing wrong in the Special Public Prosecutor (SPP) appointed under Sec.24 of CrPC. In appearing in a case registered under Protection of Children from Sexual Offences (POCSO) Act.
Dismissing a petition by an accused in a sexual assault case objecting to appearance of SPP in his case, Justice P N Prakash held "POCSO act also says that Special court shall be deemed to be Court of Sessions. And hence an SPP, appointed under CrPC., could argue in the Special Court for women where child abuse cases are also being taken up."
As per the POCSO Act, it is enough if the appointee has seven years of practice in the Bar. The SPP in this case had 23 years of experience, and it could not be faulted by contending that she did not have the eligibility prescribed by Sec.32(2)of the POCSO Act, the Judge observed.
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The Judge said the SPP was competent to conduct the Child sex assault case also.
Petitioner P.Shanmugavel, charged with sexually assaulting a 13-year old girl in Tirunelveli district, had contended that B R Mehala, SPP under CrPC, could not argue his case as it had been registered under POCSO Act.
