Lagatar24 Desk
New Delhi: The Supreme Court has underscored that minor survivors of sexual assault should not be repeatedly summoned to testify before trial courts, highlighting the need to protect children from further trauma during legal proceedings.
A bench led by Justice Sudhanshu Dhulia stated on Wednesday that children who have endured the traumatic experience of a sexual offense should not be subjected to multiple appearances in court to recount the same incident. The ruling came during the hearing of a plea challenging the decisions of the High Court of Orissa and the Additional Sessions Judge-cum-Special Court under the Protection of Children from Sexual Offences (POCSO) Act in Nayagarh, which denied recalling a minor survivor for re-examination as a witness.
The case involved allegations that the accused kidnapped a minor girl, forcibly married her in a temple, and coerced her into sexual relations. The survivor was later rescued by her parents with the assistance of the police. The accused were charged in 2020 under various sections of the Indian Penal Code, the POCSO Act, and the Prohibition of Child Marriage Act.
During the trial, the special court rejected an application filed by the accused seeking to recall the survivor for further cross-examination. The court referenced Section 33(5) of the POCSO Act, which mandates that a child should not be called to testify repeatedly in court.
Upholding the special court’s decision, the Supreme Court affirmed the importance of the POCSO Act as a special legislation designed to protect children from sexual offenses and to ensure their well-being throughout the trial process. The court emphasized that Section 33(5) of the Act imposes a duty on the special court to prevent children from being repeatedly summoned to testify.
While the court acknowledged that Section 33(5) is not an absolute bar against recalling a survivor for re-examination, it stressed that each case must be assessed based on its unique facts and circumstances. In this instance, the Supreme Court noted that the survivor was approximately 15 years old at the time of the incident, and the defense counsel had already been given ample opportunity to cross-examine the minor twice.
Dismissing the special leave petition filed by the accused, the Supreme Court stated that allowing a request to recall the victim mechanically, especially in trials under the POCSO Act, would undermine the purpose of the statute. The court also noted that any application to recall a witness must be made in good faith and should not be treated as a routine procedure.
This ruling reinforces the protection of child survivors during legal proceedings and serves as a reminder that their well-being must be prioritized throughout the judicial process.
