Boby Kushwaha Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Boby Kushwaha Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Opportunity of cross-examination restored to accused-revisionist Boby Kushwaha and the impugned order dated 6.11.2024 set aside, subject to completion of the cross-examination on the very same day the victim appears, payment of a cost of Rs.5,000/- to the victim on that day, and any delay or adjournment being permissible only with a cost of not less than Rs.5,000/- deposited before the District Legal Services Authority, Agra.

Issue for consideration

Whether the trial court's order dated 6.11.2024, rejecting application 14-kha under Section 348 B.N.S.S. and closing the accused-revisionist's opportunity of cross-examination of the victim, should be set aside and the opportunity restored.

Ratio / Principle

The principle of natural justice has to be followed and the cause for delay in cross-examination by the accused-revisionist may be compensated in terms of money.

Key takeaways

The opportunity of cross-examination is an essential ingredient of criminal prosecution and necessary for proper adjudication of the criminal case.ratio¶11
The opportunity of cross-examination is provided (restored) to accused-revisionist Boby Kushwaha.ratio¶14
The instant criminal revision is allowed and the impugned order dated 6.11.2024 is set aside.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Abdul Shahid, J., Court No. 91), Criminal Revision No. 277 of 2025, decided October 9, 2025: Allowed. The order dated 6.11.2024 of the Additional Session Judge/Special Judge (POCSO Act), Court No. 30, Agra, in Special Case No. 4123 of 2018 (State of UP vs. Krishna and others), arising out of Case Crime No. 823 of 2018 under Sections 363, 376, 328, 506, 120-B IPC, 3/4 POCSO Act and Section 3(2)(5) SC/ST Act, PS Etmadaullah, District-Agra, whereby the accused's application 14-kha under Section 348 B.N.S.S. was rejected and his opportunity to cross-examine the victim was closed, was set aside. Holding that natural justice must be followed and the cause of delay in cross-examination may be compensated in terms of money, and that opportunity of cross-examination is an essential ingredient of criminal prosecution, the Court restored the opportunity of cross-examination to accused-revisionist Boby Kushwaha, directing him to complete the cross-examination on the very same day the victim appears before the trial court, to pay a cost of Rs.5,000/- to the victim on that day, and stipulating that any delay or adjournment shall not be permitted without a cost of not less than Rs.5,000/- to be deposited before the District Legal Services Authority, Agra.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL REVISION No. - 277 of 2025

Boby Kushwaha

.....Revisionist(s)

Versus
State Of U.P. And 3 Others .....Opposite Party(s)
Counsel for Revisionist(s) : Himanshu Mishra
Counsel for Opposite Party(s) : G.A.

Court No. - 91

HON'BLE ABDUL SHAHID, J.

Heard learned counsel for the revisionist and learned AGA for the State. The notices are already served on opposite party No.2/victim.

This criminal revision has been preferred against the order dated 6.11.2024 passed by Additional Session Judge/Special Judge (POCSO Act), Court No.30, Agra in Special Case No.4123 of 2018 (State of UP vs. Krishna and others) arising out of Case Crime No.823 of 2018, under Sections 363, 376, 328, 506, 120-B IPC, 3/4 POCSO Act and Section 3(2)(5) SC/ST Act, Police Station-Etmadaullah, District-Agra, whereby the application 14-kha had been rejected under Section 348 B.N.S.S. by the trial court and the opportunity of cross-examination has been closed for accused revisionist, namely, Boby Kushwaha.

Learned counsel for the revisionist has submitted that he wants to cross-examine the victim, which is necessary for the proper adjudication of the case. The trial court has mentioned in impugned order dated 6.11.2024 that the victim was consistently present before the court, but the accused-revisionist had not completed the cross-examination, hence, opportunity of cross-examination was closed.

The principle of natural justice has to be followed and the cause for delay in the cross-examination by the accused-revisionist may be compensated in terms of money. The opportunity of cross-examination is essential ingredients of the criminal prosecution and for the proper adjudication of the criminal case.

CRLR No. 277 of 2025

2

In view thereof, the opportunity of cross-examination is provided to accused-revisionist Boby Kushwaha.

Accordingly, the instant criminal revision is allowed. The impugned order dated 6.11.2024 is hereby set aside.

However, it is directed that revisionist shall cross-examine the victim on the very same day when she appears before the trial court for her cross-examination. The revisionist shall pay a cost of Rs.5,000/- to the victim on the very same day of the cross-examination. If any delay or adjournment is sought by the accused-revisionist then it shall not be permitted without a cost not less than Rs.5,000/- and that cost would be deposited before the District Legal Services Authority, Agra.

(Abdul Shahid,J.)

October 9, 2025 LN Tripathi

Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad