In a recent ruling, the Supreme Court firmly upheld the protection of child victims under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court dismissed a plea by an accused seeking to recall a child victim for further cross-examination, after the victim had already been thoroughly questioned by the defense.
The bench, comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, emphasized that repeatedly subjecting a child victim to the ordeal of testifying goes against the very essence of the POCSO Act. The Court pointed out that the Act specifically aims to prevent children from reliving traumatic experiences through multiple court appearances.
Citing Section 33(5) of the POCSO Act, the Court reiterated that it is the duty of the Special Court to ensure a child is not repeatedly called to testify. Although the provision does not impose an absolute ban on recalling a victim, the Court stressed that such decisions must be made with careful consideration of the unique circumstances of each case.
The ruling also referenced the case of State (NCT of Delhi) v. Shiv Kumar Yadav, highlighting that any application for recalling a witness under Section 311 of the Criminal Procedure Code must be genuine and not used as a tactic to harass the victim.
Ultimately, the Court concluded that the defense had been given sufficient opportunities to cross-examine the victim and that allowing further questioning would be unjust. The Special Leave Petition filed by the accused was, therefore, dismissed.
