District APP as Prosecutor for Protection of Children from Sexual Offences


Government of AP have issued notification under section 25 of the Commissions for Protection of Child Rights Act, 2005  specifying the Courts of I Additional District & Sessions Judges in all the Districts and the Courts of I Additional Metropolitan Sessions Judges Courts of Hyderabad, Visakhapatnam and Vijayawada for trial of the offenses committed against Children, violation of child Rights in the State.

Director of Prosecutions has stated that, the District & Sessions Judge,  Visakhapatnam, has informed that the Government have also designated the Court of I Additional Metropolitan Sessions Judge, Visakhapatnam, for trial of the offences filed under the “Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012) and also informed that as per Section 32 of the said Act the State Government shall, by notification in the Official Gazette, appoint a Special Public Prosecutor for the Special Court for conducting prosecution filed under the provisions of the said Act. He has further stated that as per Section 28 (1) of the Act -“For the purposes of providing a speedy trial, the State Government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each District, a court of Session to be a Special Court to try the offences under the Act:

Provided that if a court of Session is notified as a Children’s Court under the Commissions for Protection of Child Rights Act, 2005 or a Special Court designated for similar purposes under any other law for the time being in force, then, such court shall be deemed to be a Special Court under this Section. Accordingly, Government have designated the courts of I Additional District & Sessions Judge in all the Districts and the Courts of I Additional Metropolitan Sessions Judges in  Sessions   Divisions   of   Hyderabad,   Visakhapatnam   and Vijayawada to try the offences under the “Protection of Children from Sexual Offences Act, 2012 vide G.O.Rt.No.630, Law (LA&J-Home-Courts.C) Department, dated:23-03-2013.

Therefore, in the exigency of services and in the interest of prosecution, the Director of Prosecutions has requested the Government to notify the Additional Public Prosecutors of I Additional District & Sessions Courts of all the Districts and I Additional Metropolitan Sessions Judge Courts in the Sessions Divisions of Hyderabad, Visakhapatnam  and Vijayawada as Additional Public Prosecutors–cum-Special Public Prosecutors Under section 32(1) for the purpose of conducting the prosecution of the cases filed under the “Protection of Children from Sexual Offences Act, 2012 (Act 32 of
2012), since the said Courts were notified to conduct trial of the said cases and also requested to issue a notification to that effect.

After careful examination, Government hereby decided to notify the Additional Public Prosecutors of I Additional District and Sessions Judge Courts of all the Districts and I Additional Metropolitan Sessions Judge Courts in the Sessions Divisions of Hyderabad, Visakhapatnam, and Vijayawada as Additional Public Prosecutors–cum- Special Public Prosecutors Under section 32(1) for the purpose of conducting the prosecution  of  the  cases  filed  under  the  “Protection  of  Children  from  Sexual Offences Act, 2012 (Act 32 of 2012):

Accordingly, the following notification will be published in an extraordinary issue of the Andhra Pradesh Gazette.

NOTIFICATION

In exercise of the powers conferred under sub section (1) of Section 32 of the “Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012) Government hereby appoint the Additional Public Prosecutors of I Additional District & Sessions Courts of all the Districts and of I Additional Metropolitan Sessions Judge Courts in the Sessions Divisions of Hyderabad, Visakhapatnam, and Vijayawada as Additional Public Prosecutors–cum-Special Public Prosecutors for the purpose of conducting the prosecution of the cases filed under the said Act.

The  Director  of  Prosecutions,  Andhra  Pradesh,  Hyderabad  shall  take  further necessary action in the matter.

G.O.Rt.No. 2364 Dated:23-12-2013.

1. G.O.Ms.No.30, Law (LA&J-Home-Courts.C1) Department, dated:28-03-2012.
2. From the Additional Director of Prosecutions, letter No.527/A2/2012, dated:20-07-2013.

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