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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Victim/Informant – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. victim's kidnapping and circumstances of the case. (Para 2 , 3) |
| 2. petitioner's arguments for video conferencing due to financial distress and threats. (Para 5 , 6 , 7 , 8 , 9) |
| 3. opposite parties' contentions against petition. (Para 10 , 11 , 12) |
| 4. court's observations on procedural justice and rights. (Para 14 , 15 , 16 , 17 , 19 , 21 , 25) |
| 5. interpretation of pocso act and video conferencing. (Para 22 , 26 , 30) |
| 6. court's final directive to allow petitioner's request. (Para 32) |
JUDGMENT :
A.K. Mohapatra, J.
1. The present CRLMC application has been filed by the Petitioner challenging the order dated 02.09.2024 passed by the AD HOC ADJ-FTSC POCSO-II, Cuttack, along with an additional prayer to direct the said AD HOC ADJ-FTSC POCSO-II, Cuttack to examine the Victim the means of Video Conferencing (VC) in the Special G.R. Case No.30 of 2023 corresponding to Salepur P.S. Case No.54 of 2023 which has been filed for commission of offences under Sections 363 / 344/ 366/ 376(3) of the I.P.C read with Section 6 of the POCSO Act, 20212.
FACTS OF THE CASE
2. The background of the case giving rise to the present application, is as follows; Earlier on the 16th of February 2023
The rejection of a minor victim's request for video conferencing testimony was overturned to ensure the protection and dignity of vulnerable witnesses under the POCSO Act, highlighting the judiciary'....
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.
Point of law: POCSO Act – To appoint competent Special Public Prosecutors exclusively attached to the Special Courts dealing with matters under the POCSO Act, so that the time-frame under Section 35 ....
(1) Statement recorded under Section 164 of Cr.P.C. made in the course of investigation by the victim child, cannot be considered as evidence recorded under Section 35 of POCSO Act.(2) If there is a ....
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 court held that the accused has a right to cross-examine the victim, but restrictions apply to protect minors, emphasizing the need for relevance and care in questioning under the provisions of S....
The court upheld the conviction for aggravated penetrative sexual assault based on the victim's credible testimony, emphasizing that minor discrepancies do not undermine the overall reliability of he....
The right to a fair trial includes the opportunity for the accused to cross-examine witnesses, and the trial court's failure to adhere to this principle necessitates remanding the case for proper pro....
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