No repeated cross-exam for Pocso survivor, says Calcutta HC | India News
KOLKATA: A survivor of a heinous crime like trafficking cannot be called repeatedly for cross-examination, Calcutta high court ruled while setting aside a trial court order, report Srishti Lakhotia and Dwaipayan Ghosh. The girl, then a minor, left home on Jan 29, 2023, and did not return, as per complaint lodged by her mother. When she was found, the girl informed that she was sold to a hotelier in Bengal for ‘commercial sex purposes’, her lawyer said. Six people were arrested and a chargesheet was filed under IPC and Pocso Act. The trial commenced after charges were framed on Dec 8, 2023. The survivor appeared for trial on Feb 27, 2024 and again on March 15, when she was cross-examined. Five months later, the lawyer representing one of the accused filed a plea on Aug 13, 2024, to recall her for further cross-examination. Pocso court allowed it. But HC invoked its powers under CrPC section 482 to scrap it, with Justice Chaitali Chatterjee Das saying the trial court had “passed the order without assigning any reason”. Reacting to the HC order, the survivor’s counsel said, “This is a win for the voiceless.”
