Child victim of traumatic sexual assault must not be repeatedly called to testify in court, the Supreme Court said.
The court said dismissing the plea of an accused in a case under the Protection of Children from Sexual Offences (POCSO) Act of 2012 (“POCSO Act”) seeking recall of the victim under Section 311 of CrPC who was already cross-examined by the defence.
The Apex Court said that once the defence was granted opportunities previously to cross-examine the victim then the victim can’t not be recalled for further cross-examination as it would defeat the purpose of the POCSO Act.
“When the victim has been examined and then cross-examined at length twice already, mechanically allowing an application for recall of the victim, especially in trial of offences under the POCSO Act would defeat the very purpose of the statute.”, the bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah observed.
The Court’s observation is the basis of the interpretation of Section 33 (5) of the POCSO Act. This states that it is the duty of the Special Court to ensure that a child is not called repeatedly to give his or her testimony before the court. The underlying thought is that child who has suffered a traumatic experience of sexual assault is not called time and again to recollect and testify the same.
However, the court clarified that it doesn’t create an absolute bar to recall the victim for re-examination as a witness, each case must be considered based on the context of its facts and circumstances.
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