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Vikas Vs. State (NCT of Delhi)
Applications for recalling a child survivor under Section 311 of the Code of Criminal Procedure, 1973 (“CrPC”) are subject to Section 33(5) of the POCSO Act on the principle of generalia specialibus non-derogant. The conflicting rights of the accused and the survivor have to be balanced when considering such an application.
Pincites Para 25; Page 17 Read case : Vikas Vs. State (NCT of Delhi) -
S. Sankara Varman Vs. State
The Court held that Sections 33(5) and 36(1) of the POCSO Act mandate that a child survivor ought not to be called repeatedly to testify in the Court. While Section 311 of the CrPC gives power to the Court to recall any witness to serve the cause of justice, but the said section is subject…
Pincites Para 19, 23; Page 3,4 Read case : S. Sankara Varman Vs. State -
Lalsuonglien and Ors. v. State of Manipur
The child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence. Further, the Court held that the child is not to be called repeatedly to testify in Court and may testify through a video…
Pincites Para 2, 15, 17, 19, 22; Page 1, 3, 4 Read case : Lalsuonglien and Ors. v. State of Manipur
