CHENNAI: The Madras High Court recently set aside an order passed by a Special Court for Exclusive Trial of Cases under the POCSO Act, which had directed further investigation into a case at the behest of the accused.

Allowing the revision petition filed by the victim child (represented by her mother), the Court reaffirmed the settled legal position that an accused cannot dictate the manner or mode of investigation.

Mr. Rahul Jagannathan, appearing for the victim child, contended that the trial court’s direction was fundamentally flawed and lacked jurisdiction under the Code of Criminal Procedure.

Key Arguments Raised by Counsel for the Victim

Mr. Rahul Jagannathan’s submissions centered on the limits of a Trial Court’s power and the procedural rights of an accused person during the pre-trial stage. The following key points were raised:

• Misinterpretation of Supreme Court Precedents: It was argued that the Trial Court had fundamentally misinterpreted the judgments of the Apex Court regarding the scope of Section 173(8) of the CrPC. Counsel emphasized that the power to order further investigation is intended to ensure justice and find the truth, not to be used as a tool for the accused to delay proceedings.
• Absence of Application by Investigating Officer (IO): Counsel submitted that the Trial Court lacks the inherent power to suo motu order further investigation or do so on an application by the accused, especially when the Investigating Officer has not sought such a prayer. He argued that the power to seek further investigation primarily rests with the investigating agency or the de facto complainant in certain circumstances.
• Accused Lacks Locus Standi: A primary pillar of the argument was that the accused has no locus standi to file an application seeking further investigation. Mr. Rahul Jagannathan contended that the law does not provide a right to the accused to interfere with the investigation process or suggest how the police should gather evidence.
• Accused Cannot Dictate Investigation: It was vehemently argued that the impugned order, in effect, allowed the accused to dictate the course of the investigation. Mr Rahul Jagannathan noted that “fair investigation” does not mean an investigation conducted according to the whims and fancies of the person being prosecuted.
• Attempt to Conduct a “Mini-Trial”: Mr. Rahul Jagannathan cautioned the Court that by entertaining such applications, the Trial Court was allowing the accused to conduct a “mini-trial” before the actual trial had even commenced. He argued that the merits of the evidence and the gaps in the investigation should be addressed during the trial and cross-examination, not by stalling the process through fresh investigation mandates.

Court’s Observation and Ruling

• The High Court found merit in the submissions made on behalf of the victim. The Court noted that while the Magistrate/Special Court has the power to ensure a fair investigation, this power cannot be invoked by an accused to seek a “further investigation” to bolster their defence.
• The Court reiterated that the right of the accused to a fair trial begins after the charge sheet is filed and the trial commences, but they cannot interfere with the statutory power of the police to investigate or the court’s role in taking cognizance based on the material already on record.
• Consequently, the High Court set aside the POCSO Court’s order, allowing the trial to proceed on the basis of the original final report filed by the police.

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