BENGALURU: Allowing an application filed by an accused seeking directions to recall the victim-child for cross-examination in a case registered under Pocso Act, the Karnataka High Court said the restriction imposed under Section 33(5) of the Act to prevent child from being called repeatedly to testify in the court gets diluted once the victim attains 18 years of age.
“In terms of Section 33(5) of the Pocso Act, the Special Court has to ensure that the child is not called repeatedly to testify in the court. A reading of the Section would clearly indicate the intention behind such enactment that in genuine cases the child-victim is not harassed. That would not mean that the accused can be deprived of his right to cross-examination in a trial, particularly, where offence punishable is beyond ten years...,” said Justice M Nagaprasanna, allowing the application filed by a 23-year-old accused.