Revisional application under POCSO Act and IPC leads to recall of witnesses due to ineffective cross-examination, safeguarding accused's defense rights.
In a significant judgment passed by the Calcutta High Court (Circuit Bench at Port Blair), the court has allowed the recall of prosecution witnesses for re-cross-examination in a case under the Protection of Children from Sexual Offences Act (POCSO), 2012, and the Indian Penal Code. The order, dated February 5, 2026, comes as a relief to the petitioner, Shri Krishna Mohan Das, who had contended that the previous cross-examination by his erstwhile counsel was deficient and casual, potentially impacting his right to a fair defense.
The case, which has a complex history, initially saw the accused being convicted by the Trial Judge on August 31, 2022. However, this judgment was later set aside on appeal (CRA(B)/9/2022) on April 9, 2024, with directions for the Trial Judge to re-examine the accused under Section 313 of the Code of Criminal Procedure and write a fresh judgment. Following this, the accused sought re-cross-examination of several prosecution witnesses, arguing that the initial cross-examination was insufficient.
Representing the petitioner, Mr. Gopala Binnu Kumar argued that failing to allow the re-cross-examination would prevent the accused from mounting a true defense, potentially leading to irreparable harm. The State, represented by Mr. Sumit Kumar Karmakar, opposed this request, suggesting that it was merely a tactic to delay proceedings.
Justice Apurba Sinha Ray, presiding over the matter, highlighted the importance of balancing the rights of vulnerable witnesses under the POCSO Act with the accused’s right to a competent defense. The judgment emphasizes that while recall of witnesses in POCSO cases should be avoided unless essential, each case must be assessed on its merits. After reviewing the evidence, the court found that the previous cross-examination had been inadequate, which could jeopardize the accused's defense.
The court set aside the impugned order from October 15, 2025, issued by the Special Judge (POCSO), North and Middle Andaman, Mayabunder, which had initially rejected the recall request. The High Court directed that the re-cross-examination proceed on the points specified in the revisional application, strictly adhering to legal protocols.
This decision underscores the judiciary's commitment to ensuring fair trial rights, particularly in complex cases involving sensitive issues under the POCSO Act. The judgment ensures that while protecting the rights of victims and vulnerable witnesses, the accused's right to a fair defense is not compromised.
Bottom Line:
Revisional application under POCSO Act and IPC - Recall of prosecution witnesses for re-cross-examination - Allowed due to deficient and casual cross-examination by the erstwhile counsel, which may heavily impact the accused's right to defend his case.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 6, 12; Indian Penal Code, 1860 Sections 376, 506; Information Technology Act, 2000 Section 66(E); Code of Criminal Procedure Section 313.
