Facts
The accused was charged for the rape of a 14 year old girl under Sections 341, 342, 323, 354, 294 and 376 read with Section 511 and 506(h) of the IPC and Section 6 of the POSCO Act. The counsel of the accused did not cross-examine the victim subsequent to the framing of the charges. Thus, an application was filed on his behalf under Section 311 of the CrPC to recall the survivor child. However, on the date of the cross-examination, the accused was absent from court.
Judgment
The court dismissed the recall application on account of it being devoid of merits. The Court held that the POCSO Act is a special act which mandates that a child survivor ought not to be called repeatedly to testify in the Court. Placing reliance upon Section 33(5) and 36(1) of the POCSO Act, the Court observed that the accused has to be present to hear the statement of the child and should not take an undue advantage of Section 311 of the CrPC to avail an opportunity to cause the child survivor further suffering. Therefore, through the application of Sections 36(1) and 33(5) of the POCSO Act, the court was able to establish a statutory safeguard against the repeated examination of the child survivor before the Court.
High Court of Manipur