Headline
The Supreme Court of India ruled that child victim of sexual assault under POCSO Act cannot be repeatedly called to testify in the court.
Summary
The Supreme Court of India dismissed a plea to call again a child victim for further cross-examination under the POCSO Act,stressing for the protection of child victims from repeated trauma by calling them in a court.
Key Facts
- Case Name: Madhab Chandra Pradhan & Ors. vs. State of Odisha, SLP (Crl.) No. 10082 of 2024.
- Name of Judges: Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah.
- The defense tried to call again the child victim under Section 311 of the Criminal Procedure Code (CrPC) after the child had already been cross-examined twice before.
- The Supreme Court of India said that Section 33(5) of the POCSO Act aims to stop repeated testimonies by child victims to avoid further trauma of coming into the court.
Legal Insights
The Supreme Court Of India ordered that calling the child victim again repeatedly would undermine the intention of the POCSO Act to protect the child victims from further trauma . The Supreme Court stressed that discretion under Section 311 of Crpc should be used judiciously, not arbitrarily.
Impact
The Supreme Court’s order focuses on the protection of child victims in sexual assault cases, and by making sure that they should not go through repeated trauma during legal proceedings.
Why it Matters
This decision of the Supreme Court upholds the intention of the POCSO Act, by making sure that a more compassionate legal process for child victims of sexual abuse.
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