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C. JAYACHANDRAN
Abdul Azeez – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
JUDGMENT :
C. Jayachandran, J.
In the scheme of the Protection of Children from Sexual offences Act and the guidelines in accord therewith, whether a child/vulnerable witness can be screened from the defense counsel is one interesting question which surface for consideration in this Original Petition.
2. The petitioner is the sole accused in S.C.No.37/2023 of the Fast Track Special Court, Kozhikode. He is charged with offences under Sections 452 and 354 A(i) of the Penal Code, and also, under Section 10, read with Section 9(m) of the Protection of Children from Sexual Offences Act (for short, 'P.O.C.S.O Act'). The issue raised in this Original Petition is one with respect to the procedure while examining a child witness. Two specific reliefs are sought for in this Original Petition, which are extracted here below:
2. Direct the trial court in S.C.37/2023 to remove the screen placed between the survivor
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....
In child sexual offence trials, recall of witnesses under Section 348 BNSS rejected for vague claims of inadequate prior cross-examination, counsel change, and delay; prioritizes child victim's prote....
The main legal point established in the judgment is the discretion of the court in permitting the recall of witnesses, particularly in cases involving child witnesses, and the importance of balancing....
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 right to cross-examine witnesses is essential for a fair trial, and courts must balance this right with the need for expeditious proceedings.
The denial of cross-examination rights in a trial under the POCSO Act infringes on the accused's right to a fair trial, necessitating remand for proper procedural adherence.
The POCSO Act mandates the protection of minor victims during trials, allowing testimonies via video conferencing to ensure psychological safety and prevent exposure to the accused.
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