Mere Apprehensions of Prosecutrix Cannot be a Ground for Transfer of Case to a POCSO Court Presided by A Lady Judge: DHC

The Delhi High Court (DHC) dismissing a petition, filed for transfer of a case, observed that mere apprehensions of prosecutrix cannot lead to the transfer of a rape case from a male judge to a special Protection of Children from Sexual Offences Act, 2012 (POCSO) Court presided over by a lady judge, especially when no charge(s) has been levelled under POCSO. The DHC noted that in absence of any directions (judicial or administrative) for a carte blanche mandate; a transfer may potentially create difficulties in administration of justice, allocation and preservation of jurisdictions.