<p>The High Court of Karnataka has said that the rigor of Section 33 (5) of the Protection of Children from Sexual Offences Act, 2012 (Pocso Act) gets diluted once the victim crosses 18 years of age and there will not be a bar on seeking further cross-examination of the victim under Section 311 of the CrPC.</p>.<p>The petitioner is an accused in the case under sections 376 and 506 of the IPC as well as sections 4 and 5 of Pocso Act. The petition was moved before the High Court after his application for recalling of the victim for further cross-examination under section 311 of the CrPC was rejected. The trial court had placed reliance upon section 33 (5) of the Pocso Act which directs that the victim-child should not be repeatedly brought before the court for tendering<br />evidence.</p>.<p>The petitioner submitted that serious prejudice will be caused to the defence if cross-examination is not permitted. It was also contended that the father of the victim had deposed and said that the accused has not committed any sexual act on the victim and also admitted about the ill-will between the parents of the accused and the victim.</p>.<p>Justice M Nagaprasanna said that if the evidence appears to be essential, the mandatory nature to recall the witness for cross-examination is always necessary for a just decision in a case, and save in cases where repeated applications are filed on frivolous reasons. The court noted that as on date of filing of the application by the accused, the victim had crossed 18 years of age and hence there will be no bar.</p>.<p>“The word ‘child’ is defined under Section 2 (1) (d) of the Act, to mean a person below 18 years of age. On the child attaining 18 years of age, the rigor under Section 33 (5) of the Act gets diluted and sequentially, will not become a bar for seeking further cross-examination of the victim under Section 311 of the CrPC. It is more so in cases where the accused is alleged to have committed offences punishable under the Act as there is presumption under Section 29 of the Act against the accused,” the court said.</p>.<p>The court permitted cross-examination as a last opportunity and said that the accused will not be entitled to filing of repeated applications.</p>
<p>The High Court of Karnataka has said that the rigor of Section 33 (5) of the Protection of Children from Sexual Offences Act, 2012 (Pocso Act) gets diluted once the victim crosses 18 years of age and there will not be a bar on seeking further cross-examination of the victim under Section 311 of the CrPC.</p>.<p>The petitioner is an accused in the case under sections 376 and 506 of the IPC as well as sections 4 and 5 of Pocso Act. The petition was moved before the High Court after his application for recalling of the victim for further cross-examination under section 311 of the CrPC was rejected. The trial court had placed reliance upon section 33 (5) of the Pocso Act which directs that the victim-child should not be repeatedly brought before the court for tendering<br />evidence.</p>.<p>The petitioner submitted that serious prejudice will be caused to the defence if cross-examination is not permitted. It was also contended that the father of the victim had deposed and said that the accused has not committed any sexual act on the victim and also admitted about the ill-will between the parents of the accused and the victim.</p>.<p>Justice M Nagaprasanna said that if the evidence appears to be essential, the mandatory nature to recall the witness for cross-examination is always necessary for a just decision in a case, and save in cases where repeated applications are filed on frivolous reasons. The court noted that as on date of filing of the application by the accused, the victim had crossed 18 years of age and hence there will be no bar.</p>.<p>“The word ‘child’ is defined under Section 2 (1) (d) of the Act, to mean a person below 18 years of age. On the child attaining 18 years of age, the rigor under Section 33 (5) of the Act gets diluted and sequentially, will not become a bar for seeking further cross-examination of the victim under Section 311 of the CrPC. It is more so in cases where the accused is alleged to have committed offences punishable under the Act as there is presumption under Section 29 of the Act against the accused,” the court said.</p>.<p>The court permitted cross-examination as a last opportunity and said that the accused will not be entitled to filing of repeated applications.</p>
