Criminal Procedure Code, 1973
Section 311—Order allowing application of accused recalling victim for cross-examination—Challenged—FIR registered under Sections 376/354/ 506/509 of IPC—There can be no dispute or debate on the solemn aims and objectives behind enacting the POCSO Act and one of them being to prevent harassment to the victim caused by appearing in court repeatedly—Section 33(5) of the POCSO Act embodies this principle and provides that "The Special Court shall ensure that the child is not called repeatedly to testify in the court"—It is equally settled that fair trial is a part of guarantee under Article 21 of the Constitution of India and fairness of trial has to be seen from the perspective of the victim, accused and the society—Trial court cannot be faulted for allowing application under Section 311 of CrPC and recalling victim for cross-examination—Trial Court has while allowing application counterbalanced the rights of prosecutrix by putting a condition that not more than one opportunity shall be granted to the accused to cross-examine the victim with a further direction to the Legal Aid Counsel to remain present in the first call and continue to be present till the examination of victim is concluded on the said date—Impugned order warrants no interference—Petition dismissed with further directions.
[Paras 6 & 11]