The State is before this Court in the subject petition calling

in question order dated 16-09-2019 passed by the Principal

District and Sessions Judge, Chamarajnagar in Special Case

No.184 of 2019, whereby the learned Sessions Judge declined to

permit the State to cross-examine the victim on her turning

hostile in a case arising out of the provisions of the Protection of

Children from Sexual Offences Act, 2012 (‘POSCO Act’ for short)

and Sections 9, 10 and 11 of the Prohibition of Child Marriage

Act, 2006.

2.

Sans details, facts in brief, are as follows:-

A complaint is registered 29-04-2019 in Crime No.115 of

2019 for offences punishable under Section 376(n) read with

Section 34 of the IPC, Sections 4, 6, 8, 12 and 17 of the POSCO

Act and Sections 9, 10 and 11 of the Prohibition of Child

Marriage Act. The complaint was registered for an offence that

was committed on 02-12-2018. The allegation was that accused

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Nos.2 to 10 having knowledge that the victim girl was minor got

her marriage with accused No.1 on 02-12-2018 and accused

No.1 knowing full well that the victim was a minor girl had

committed sexual assault on her many a times. In the trial,

recording of evidence of prosecution witnesses commenced on

16-09-2019 on which day the victim turns hostile. On her

turning hostile, the State seeks permission of the learned

Sessions Judge to cross-examine the witness. The learned

Sessions Judge having declined such cross-examination drives

the State to this Court in the subject petition.

Sri. Shankar H.S., learned High Court Government

Pleader representing the State would vehemently submit that

the order passed on 16-09-2019 runs counter to law as once the

witness turns hostile cross-examination is a right. Merely

because the proceedings are under the POSCO Act, the right of

cross-examination cannot be taken away as the very Act itself

permits such cross-examination and submits that the same be

allowed and the State be permitted to cross-examine the victim.

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4.

The only issue that falls for my consideration is

whether the victim under the POSCO Act can be permitted to be

cross-examined once she turns hostile. Before considering the

issue, I deem it appropriate to notice the provisions of the

POSCO Act which deals with the procedure and powers of the

Special Court. Section 33 of the POSCO Act reads as follows:

“33. Procedure

and

powers

of

Special

Court.- (1) A Special Court may take cognizance of

any offence, without the accused being committed to it

for trial, upon receiving a complaint of facts which

constitute such offence, or upon a police report of such

facts.

(2)

The Special Public Prosecutor, or as the

case may be, the counsel appearing for the accused

shall, while recording the examination-in-chief, cross-

examination

or

re-examination

of

the

child,

communicate the questions to be put to the child to the

Special Court which shall in turn put those questions to

the child.

(3)

The Special Court may, if it considers

necessary, permit frequent breaks for the child during

the trial.

(4)

The Special Court shall create a child-

friendly atmosphere by allowing a family member, a

guardian, a friend or relative, in whom the child has

trust or confidence, to be present in the court.

(5)

The Special Court shall ensure that the

child is not called repeatedly to testify in the court.

(6)

The

Special

Court

shall

not

permit

aggressive questioning or character assassination of the

child and ensure that dignity of the child is maintained

at all times during the trial.

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(7)

The Special Court shall ensure that the

identity of the child is not disclosed at any time during

the course of investigation or trial:

PROVIDED that for reasons to be recorded in

writing, the Special Court may permit such disclosure, if

in its opinion such disclosure is in the interest of the

child.

Explanation: For the purposes of this sub-section,

the identity of the child shall include the identity of the

child’s family, school,