Khushi Doshi
Published on: March 25, 2022 at 13:12 IST
The Uttarakhand High Court ruled that recalling a child witness for cross-examination by the accused cannot be prohibited solely based on Section 33(5) of the Protection of Children from Sexual Offences Act, 2012.
Notably, the clause compels the Special Court to guarantee that the kid (prosecutrix) is not asked to testify in Court on many occasions.
A Division Bench of Acting-Chief Justice Sanjaya Kumar Mishra and Justice R.C. Khulbe held, while accepting a recall application,
The Appellant in this Case was found guilty of offences under Sections 376(3) and 506 of the Indian Penal Code and Section 3/4 of the protection of children from of sexual offen ceo act.
He had filed an appeal and an application with the High Court under Section 389 of the The Code Of Criminal Procedure
After reviewing the Trial Court’s order-sheet, the Court determined that the matter was scheduled for trial on August 9, 2019. On that day, the victim-primary girl’s examination began.
Furthermore, the evidence demonstrates that, on that day, the Presiding Officer of the Court of Special Judge protection of children from of sexual offen ceo act. / Federal Trade Commission. / Administration of Justice became involved in some other Cases while the child witness was being examined.
The Court remarked that the learned Judge presiding may have first taken up the matter, and only after cross-examination of the victim-girl could she have participated in other works.
Furthermore, the Court expressed displeasure that the kid was requested to return on 14.08.2019 for cross-examination, although the full cross-examination could have been completed on 09.08.2019.
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