KOLKATA: A survivor of a serious crime such as trafficking cannot be summoned repeatedly for cross-examination, the Calcutta High Court has ruled, setting aside an order passed by a trial court, reports Srishti Lakhotia and Dwaipayan Ghosh.
The case relates to a girl who was a minor at the time of the incident and went missing from her home on January 29, 2023, according to a complaint filed by her mother. After she was traced, the survivor stated that she had been trafficked and sold to a hotelier in West Bengal for illegal activities, her counsel told the court.
Six people were arrested in the case, and a chargesheet was filed under relevant provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. The trial began after charges were framed on December 8, 2023.
The survivor appeared before the trial court on February 27, 2024, and again on March 15, when she was cross-examined. About five months later, on August 13, 2024, counsel for one of the accused sought her recall for further cross-examination. The POCSO court allowed the plea.
However, the High Court invoked its inherent powers under Section 482 of the Criminal Procedure Code to set aside the order. Justice Chaitali Chatterjee Das observed that the trial court had permitted the recall “without assigning any reason.”
Welcoming the High Court’s decision, counsel for the survivor said, “This is a win for the voiceless.”
