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Section 25(2) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) mandates the Magistrate to supply a copy of the charge sheet, FIR & other documents to the victim as mentioned under Section 207, The Code of Criminal Procedure, 1973 (CrPC).
The same was held by the Delhi High Court in an order passed by a Single Judge Bench of Justice Mukta Gupta in a case pertaining to an FIR for offences punishable under Section 376/506 IPC and Section 6 POCSO Act.
A petition was filed by a minor represented by her father who needed a copy of the chargesheet during the course of trial and was asked to pay expenses to receive the same. The Hon’ble Court makes it clear that it is a right of the victim to possess all the documents mentioned under Section 207 CrPC to pursue the trial effectively.
Section 25 POCSO Act states that:
“2. The Magistrate shall provide to the child and his parents or his representative, a copy of the document specified under section 207 of the Code, upon the final report being filed by the police under section 173 of that Code.”
The word “shall” indicates that it is mandatory for the concerned court to provide to the child & his parents or representatives the necessary documents required. Thus, the Magistrate could not have asked for the said expenses in the present case.
The Registry of Tis Hazari Court was ordered by the Delhi High Court to refund the amount of Rs. 340/- which was deposited by the petitioner to procure the charge sheet.
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