Jaidev v. State
Case brief
What is this about?
High Court dismissed a petition under S. 311 Cr.P.C. seeking recall of a child witness in a POCSO case. The court upheld the trial court's order, emphasizing that repeated testimony re-traumatizes the child and violates S. 33(5) POCSO.
What did the court decide?
Petitioner's prayer to recall the child witness was dismissed and trial court order upheld.
What the court decided
* IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.M.C. 4412/2019
Reserved on : 04.12.2019 Date of Decision : 12.12.2019
IN THE MATTER OF:
JAIDEV ..... Petitioner
Through: Mr. M. N. Dudeja and Mr.G.P.Thareja, Advocates.
Versus
STATE ..... Respondent Through: Mr. Rahul Mehra, Standing Counsel (jCrl. ) with Mr. Hirein Sharma, APP for the State with Inspector Ramesh Prasad Singh, ATO, Police Station-M. S. Park.
CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
- The present petition has been filed assailing the order dated 06.07.2019, whereby the petitioner’s application under Section 311 Cr.P.C. to recall the child witness was dismissed.
- Mr. M.N. Dudeja & Mr. G.P. Thareja, learned counsels for the petitioner have submitted that earlier the child witness could not be cross-examined and thereafter the opportunity to cross-examine was closed. It was further contended that the cross-examination of the child is necessary and absence of the same would cause grave prejudice to the petitioner.
Issues for consideration
2 issues framed by the court
Whether Section 311 Cr.P.C. permits recalling a child witness in a POCSO case.
Does recalling a child witness violate Section 33(5) of the POCSO Act and cause mental trauma.
Parties & counsel
- petitioner
Jaidev
- respondent
State
Coram
Manoj Kumar Ohri
Case details
As recorded by the court registry
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