Dismissed¶23

Dhurvasalu v. State rep. by The Inspector of Police

POCSO – Recall of victim child (PW1) for cross-examination

Madras HC17 Jul 2026CRL OP/18880/2026

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What is this about?

Madras High Court, CRL OP No. 18880 of 2026 (Dhurvasalu v. State rep. by The Inspector of Police, Panamadangi Police Station, Vellore District, Crime No.54/2025), decided 17-07-2026 by D.Bharatha Chakravarthy, J. Petition under S.528 BNSS challenging refusal to recall child victim PW1 for cross-examination in Spl.S.C.No.5 of 2026 (POCSO Court, Vellore); secondary victimization; repeated recall of child witness barred by S.33(5) POCSO Act; earlier decision in Crl.O.P.No.16742 of 2026 dated 01/07/2026 followed; petition dismissed.

What did the court decide?

In such cases the primary intention is the protection of the child; recalling the victim witness over and again would amount to secondary victimization and is not permitted and should not be resorted to. ¶22

Dhurvasalu Vs State rep. by The Inspector of… — Child Sexual Offences (POCSO) | Madras HC (2026)

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CRL OP No. 18880 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17-07-2026

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CORAM

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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CRL OP No. 18880 of 2026 and Crl.MP.No.12561 of 2026

Dhurvasalu

..Petitioner(s)

State rep. by The Inspector of Police, Panamadangi Police Station, Vellore District. Crime No.54/2025

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..Respondent(s)

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PRAYER: This criminal original petition filed under Section 528 of BNSS to call for the records and set aside the order dated 05-06-2026 passed in Crl.M.P.No.477 of 2026 in Spl.S.C.No.5 of 2026 on the file of the learned Special Judge to deal with cases related to POCSO Act, Vellore and pass such further or other orders which this Hon’ble Court may deem fit and proper in the circumstances of the above case and thus render justice.

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For Petitioner(s): Mr.N.K.PONRAJ For Respondent(s): MR.R.RAJASEKARAN COUNSEL FOR GOVERNMENT OF TAMIL NADU (CRIMINAL SIDE)

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ORDER

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The prayer made in this criminal original petition is to call for the records

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relating to Crl.M.P.No.477 of 2026 in Spl.S.C.No.5 of 2026 dated 05.06.2026

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by the said order, the trial Court has dismissed the request of the petitioner to

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Page1 of 4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 18880 of 2026

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recall PW1. It can be seen that PW1 is a victim child. As such, the trial Court has refused to recall the said witness for cross examination.

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2.The learned counsel for the petitioner would submit that on the said day, there was inconvenience for the counsel and no cross examination is done and serious allegations are made against the accused and unless an opportunity is granted, the accused would be put to grave prejudice. This issue has already been dealt with by this Court in Crl.O.P.No.16742 of 2026 dated 01/07/2026. It must be seen that the primary intention in such cases is the protection of the child and recalling the victim witness over and again would amount to secondary victimization and is not permitted and should not be resorted to and Section 33(5) of POCSO Act also mandates that the child should not be repeatedly recalled for the purpose of adducing the evidence.

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3.In view thereof, the trial Court has rightly rejected the request of the petitioner, finding no merit in it. The Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

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17-07-2026

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Neutral Citation: Yes/No sms

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__________ Page2 of 4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 18880 of 2026

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