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MANISHA BATRA
Kulwinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manisha Batra, J. (Oral)
The petitioner is challenging the order dated 04.09.2023 passed by learned Additional Sessions Judge, Tarn Taran in SC No.393 of 2021 titled as State v. Kulwinder Singh arising out of FIR No.108 dated 14.10.2021 registered under Section 376 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (For short "POCSO Act") at Police Station Verowal, District Tarn Taran, whereby an application as filed by him under Section 311 of Cr.P.C. for recalling the prosecutrix who was examined as PW-1 and her grandmother examined as PW-2, had been dismissed.
2. Shorn of unnecessary details, the facts of the case are that the present petitioner is facing trial for commission of offences punishable under Section 376 of IPC and Section 4 of POCSO Act before the learned trial Court. FIR of this case had been registered on the basis of statement recorded by the grandmother of the prosecutrix alleging therein that on 09.10.2021 at about 12 PM, the petitioner had ravished her six years old granddaughter by taking her in an old room of his house, when she had gone to play with the children of the neighbourhood. The prosecutrix as well as the comp
The court affirmed that victims of sexual assault should not undergo repeated cross-examination, emphasizing the need for fair trial rights while protecting vulnerable witnesses.
Recall of witnesses – It is mandatory for a Court to recall witness for further cross-examination if his evidence appears to be essential for just decision of case.
The essential right of the accused to cross-examine prosecution witnesses is crucial for a fair trial and should not be denied, even when balancing the rights of child victims under the POCSO Act.
The denial of an accused's right to cross-examine the victim in a POCSO case undermines the fairness of the trial, warranting remand for further examination.
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 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 court affirmed that recall of witnesses under Section 311 Cr.P.C. must serve a valid purpose and the previous opportunities for cross-examination were adequate, aligning with the protective manda....
The main legal point established in the judgment is the sensitivity and caution required in exercising the discretion to re-summon a witness, especially in cases of sexual assault, balancing the vict....
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