The court emphasized the necessity of a fair trial free from intimidation, ruling that witness protection is essential for justice under the POCSO Act.

ORDER :

M.NIRMAL KUMAR, J.

The petitioner/defacto complainant in Crime No.8 of 2024 filed this petition to transfer the investigation in Crime No.8 of 2024 from the file of the 4^th respondent to the file of the 3^rd respondent based on the petitioner's representation dated 04.07.2024.

2.In the representation, the petitioner narrated about the complaint dated 16.05.2024, based on which a case was registered against one Ramesh. Her primary grievance is that though FIR registered, since the said Ramesh belongs to a dominant community in the area and his brother Sargunam an Advocate, they threatened the petitioner and her family members not to pursue the complaint further and the respondent police not taking any effective action by arresting the accused which further embolden the said Ramesh and his brother Sargunam to continue their threat against the defacto complainant, victim and her family members. Hence, she sent a representation to the Inspector General of Police, Southern region, Superintendent of Police, Deputy Superintendent of Police and Inspector of Police, but no action taken. Hence, the present petition.

3.This Court on 10.01.2025 recorded the following and posted the case on 21.01.2025 for appearance of the petitioner and the witness in the Chambers:

“In this case the mother of the victim has filed a petition seeking transfer of investigation.

2.The learned Additional Public Prosecutor informs that in this case the victim was earlier summoned by this Court when the accused has filed anticipatory bail petition and thereafter there was interaction for quite some time. After interacting with the petitioner, as well as the victim and safety of the victim and also after taking steps to provide her compensation through Government thereafter anticipatory bail was granted. Thereafter the victim was examined yesterday before the trial Court and she had turned around and not supported the case of prosecution.

3.In view of the same this Court needs to interact with the petitioner what has happened and why this petition has been filed on the other hand the witness has turned hostile and to ascertain whether the witness is free to depose before the trial Court.

4.Hence the petitioner and the witness are directed to appear before this Court on 21.01.2025 at 2.30 pm., in the chamber.

5.Till such time, the Protection of Children from Sexual Offences Court, Sivagangai is directed not to pronounce judgment in the case in Crime No.8 of 2024.”

4.On her appearance, the victim who is a minor aged about 16 years gave written representation narrating how she and her family members were constantly followed and threatened, thereafter fearing for their life, limb and security, they resiled from earlier statement.

5.The learned counsel for the fifth respondent submitted that when he moved an anticipatory bail petition before this Court in Crl.O.P. (MD).No.19378 of 2024 and a quash petition in Crl.O.P.(MD).No.14839 of 2024, both the petitions were disposed of on 13.12.2024 dismissing the quash petition on the other hand granting anticipatory bail to the said Ramesh and thereafter, trial commenced. On 09.01.2025, the victim/minor girl was examined as P.W.1, her mother examined as P.W.2 and the victim's elder sister examined as P.W.3 All the three witnesses not supported the case of the prosecution. In fact, the victim girl in her evidence states that her parents borrowed loan from the Finance Company owned by the said Ramesh, since they were unable to repay the loan along with interest and there was some dispute, suppressing this fact a complaint was lodged against him. The victim deposed that she is not aware what is written in the complaint and in the 164 Cr.P.C. statement she deposed that presently she is unable to recollect as to what she had stated and what is recorded. The victim's signature found in the 164 Cr.P.C statement alone marked as Ex.P1, her date of birth 14.12.2008 recorded in the Birth Certificate marked as Ex.P2 and the admitted portion o