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BECHU KURIAN THOMAS
Anujith, S/O Ajith – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Can the mode of examination contemplated under section 33(2) of the Protection of Children from Sexual Offences Act, 2012 be extended to a victim who is no longer a child? The aforesaid question arises for consideration in this original petition under Article 227 of the Constitution of India.
2. Petitioner is the sole accused in a proceeding under the Protection of Children from Sexual Offences Act, 2012 [for short, ‘the Act’] and also under the Indian Penal Code, 1860 for sexual offences including rape of a minor girl. The proceeding is pending as S.C. No.770/2023 on the files of the Fast Track Special Court, Punalur. The victim was examined as PW1 on 01.12.2023 and she was cross-examined on 03.06.2024. During the course of the cross-examination, the learned defence counsel requested permission to put questions directly to the victim as it transpired that she had attained the age of majority on 04.12.2023. According to the petitioner, the protection under Section 33(2) of the Act, ought not to be extended to the witness as she had crossed the age of minority and is no longer a child. The Special Court refused to accept the ple
The interpretation of 'child' in the Protection of Children from Sexual Offences Act, 2012, extends to victims of sexual offences regardless of their age at the time of examination, ensuring continue....
(1) Examination of child victim – Once individual crosses statutory threshold of eighteen years and becomes adult, very rationale underpinning procedural shield falls away – It would be a legal incon....
The main legal point established in the judgment is the right to cross-examine the victim under the POSCO Act and the importance of maintaining a child-friendly atmosphere in court.
The court ruled that while direct questioning of child witnesses by defense counsel is prohibited under Section 33(2) of the P.O.C.S.O Act, the screen obstructing the view of the witness from the def....
The central legal point established in the judgment is that the marriage of a minor under the Prohibition of Child Marriage Act, 2006, is voidable at the option of the contracting party who was a chi....
The court emphasized that witness recall must be justified by necessity for a just decision, particularly protecting vulnerable witnesses from indiscriminate cross-examination.
The right to cross-examine witnesses is essential for a fair trial, and courts must balance this right with the need for expeditious proceedings.
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