Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Mar 26: The state high court has ruled that in case of cases falling under the Protection of Children from Sexual Offences (POCSO) Act, the victims can be cross examined if the victim adduces adverse evidence.

A single judge bench of the high court presided over by Justice M Nagaprasanna gave this verdict after upholding an appeal filed by the government questioning the Chamarajanagar district chief and sessions court's stand in rejecting permission to cross examine the victim in POCSO case even after she turned hostile and gave adverse evidence.

The high court observed that minor victims under POCSO can be subjected to questioning in case they give adverse evidence,under section 33(2) of the POCSO Act. However, it said that before putting the questions, either the public prosecutor or advocates representing the other accused should place before the special court the set of questions they want to raise. These questions have to be put to the victims by the court and get their clarifications, the high court said. It also pointed out that this is a mandatory procedure as per section 33(2). The court further said that the judges of the court should also exercise abundant caution during this process.

The high court quashed the order issued by the concerned court and returned the case back to the same court which has been asked to permit the prosecution to cross examine the victim. In this case, the youth who married a minor girl on December 2, 2018, had reportedly developed sexual elationship with her several times. A case in this regard had been filed in Chamarajanagar (east) police station. During the hearing of the case in which several relatives and her husband were booked, the victim had given adverse evidence.