Madras High Court Upholds Joint Trial in POCSO Case, Says Child’s Interest Paramount

The Madras High Court has upheld a joint trial of two accused in a POCSO case, observing that the interest and welfare of the child victim outweigh the convenience of the accused.

One of the accused had argued that conducting a joint trial caused prejudice and challenged the conviction on that ground.

The Court held that since the alleged acts formed part of the same transaction, a joint trial was legally permissible and also spared the child from undergoing repeated examination.

Rejecting the argument that similar questioning under Section 351 of the BNSS (earlier Section 313 CrPC) vitiated the proceedings, the Court found no real prejudice was established and confirmed the conviction and sentence.

[Bhagavathiraj v. State of Tamil Nadu]