Protection of Children from Sexual Offences Act, 2012
Section 33(5)—Bar of section—Order dismissing application under Section 311 of CrPC seeking recalling victim witness—Challenged—There is no absolute bar under Section 33(5) of the POCSO Act to recall a victim witness, ever case has to be weighed on the strength of its own evidence and necessity of recalling the child victim—However, intention of the legislature is to see that the repeatedly the victim who is minor shall not be called to the court in the guise of cross-examination, which would add to the ordeal—Application moved by petitioner under Section 311 of CrPC seeking recalling of victim although was maintainable, however, on merit, the application deserves to be dismissed as almost all the questions have already been put to the victim witness and there are certain questions which are completely irrelevant and can be put to other witnesses like the parents of the victim witness or the IO etc.—Petition dismissed. [Criminal Procedure Code, 1973, Section 311]
[Paras 4 & 5]