Karnataka High Court On Victim Recall, Cross-Exam In Child Abuse Cases
NDTV
Karnataka High Court allowed a victim, who was a minor when the alleged crime against her was committed, to be recalled for cross-examination in the trial court.
The provision of Protection of Children from Sexual Offences (POCSO) Act, which prohibits child victims from being repeatedly called to testify in court, “gets diluted" once the victim crosses 18 years of age, the High Court of Karnataka has said.
It has, therefore, allowed a victim, who was a minor when the alleged crime against her was committed, to be recalled for cross-examination in the trial court.
The victim was 15 years of age in January 2019 when the alleged crime took place. When the alleged perpetuator of the crime filed the application for her recall for cross-examination on March 28, 2022, she had crossed 18 years of age, the HC said.
The mother of the victim had filed the complaint against the son of her brother, alleging that in April 2018, “when the parents were not at home, he had indulged in certain acts on the victim.” He had threatened her that if she revealed the incident to her parents he would upload compromising photographs of hers on social media.
