Pocso court rejects plea to recall survivor for questioning | India News

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MUMBAI: Dismissing the defence plea to recall a now 12-year-old victim in a sexual harassment case, a special Pocso court recently held that the right of the accused has to be balanced with the act in the interest of the child, so that she doesn’t have to relive the trauma by repeated testimonies.
The child had completed her deposition against the 23-year-old deaf and mute accused in 2019. However, the defence wanted her back in court “to confront her with her statement given to the magistrate.” It said that this had to be done to bring out contradiction, omissions and improvements between the statements.
While an opportunity was given to the defence in April, the lawyer did not turn up as he had a “cold”. “Though the application for recalling of victim was allowed previously and the opportunity was granted to the accused, the accused failed to avail the opportunity… only a vague statement is made about the illness (of the lawyer) without any supporting evidence for the same. Therefore, the accused cannot claim that his right to fair trial has been extinguished,” the special Pocso court said.
The accused has been out on bail since April 2018. The FIR was lodged in 2016. The prosecution submitted that the child should not be harassed by repeatedly calling her.





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