High Court stops repeated questioning of minor victim

CH NEWS, BENGALURU The Karnataka High Court has set aside a trial court order allowing the repeated cross-examination of a 12-year-old girl in a POCSO case, observing that repeated questioning could cause further mental trauma to the child. A single-judge bench headed by Justice M. Nagaprasanna passed the order on a petition filed by the girl's mother, who challenged the trial court's decision to allow the accused to question her daughter again. The High Court observed that while an accused has the right to a fair trial, the mental health and dignity of a minor victim must also be protected. Repeatedly asking a child to recall painful events could cause psychological distress and lead to further trauma. The court referred to Section 33(5) of the POCSO Act, which requires special courts to ensure that child victims are not repeatedly summoned to testify. It also noted that courts have the power to recall witnesses under the law, but this authority should be used only when necessary for a fair decision. The bench said courts must examine whether further questioning is essential or whether it could delay the trial and fill gaps in the evidence already presented. The court stressed that finding the truth should not come at the cost of a child's mental well-being. Background of the Case The POCSO case was registered in 2022 following a complaint by the girl's mother. The girl was eight years old when the case was filed. Police completed the investigation and submitted a charge sheet. In 2023, the girl was cross-examined several times for extended periods. In March 2024, the accused sought permission to question her again, citing certain videos and voice messages. The trial court allowed the request, prompting her mother to approach the High Court. The High Court set aside the trial court's order, highlighting the need to protect child victims from repeated questioning and unnecessary emotional suffering during legal proceedings.