Case Note & Summary
The dispute arose from a writ petition challenging an order allowing the recall of a victim for further cross-examination in a case involving serious charges under the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012. The petitioner, the mother of the victim, contested the order passed by the Special Court on 13-03-2024, which permitted the accused to recall the victim for further questioning. The petitioner argued that the victim had already been extensively cross-examined and that repeated summons would contravene the provisions of the POCSO Act. The accused contended that new evidence emerged during the cross-examination of the victim's mother, necessitating the victim's recall to ensure a fair trial. The Special Public Prosecutor supported the petitioner's stance, asserting that repeated cross-examination could be detrimental to the victim's well-being. The court analyzed the statutory provisions under the POCSO Act and the Cr.P.C., particularly focusing on the balance between the rights of the victim and the accused. It concluded that while Section 33(5) of the POCSO Act aims to protect child victims from repeated questioning, it does not serve as an absolute bar against recalling a witness if justified by the circumstances of the case. The court ultimately upheld the order allowing the recall, emphasizing the importance of ensuring that all relevant evidence is considered for a just decision. The decision reinforced the principle that the court must exercise its discretion judiciously, ensuring that the rights of both the victim and the accused are respected.
Headnote
A) Criminal Procedure - Recall of Witness - Justification for Recall - Code of Criminal Procedure, 1973, Section 311 - The court allowed the recall of the victim for further cross-examination, emphasizing the necessity of confronting omissions and admissions from prior testimonies. The court noted that the victim's prior extensive examination did not preclude the need for further questioning to ensure justice (Paras 9-10).
Issue of Consideration
Whether the accused made out a ground to recall the witness PW-2 for the purpose of further cross-examination?
Final Decision
The court upheld the order allowing the recall of the victim for further cross-examination, emphasizing the need for a just decision based on all relevant evidence.
Law Points
- Recall of witness
- cross-examination
- POCSO Act
- Section 311 Cr.P.C.
- victim's rights
- judicial discretion
