Court says request lacked justification
PANAJI
The High Court of Bombay at Goa on Thursday refused to allow an accused to recall a child victim for cross-examination nearly five years after the witness first gave evidence.
Justice Amit Jamsandekar, while dismissing the plea filed by Shivanna Sajjan, said the delayed request had no valid reason and could not be accepted in law.
The case relates to an FIR registered on May 17, 2018, under Section 377 of the Indian Penal Code, Section 8 of the Goa Children’s Act, and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act.
The High Court noted that the victim had already been examined on December 6, 2018, and the accused was represented by a lawyer at that time.
“Though the petitioner-accused was represented by a lawyer, the record clearly shows that his advocate did not cross-examine the victim on December 6, 2018,” the court said.
The request to recall the victim was filed only on February 14, 2024, nearly five years after the testimony. The court said this long and unexplained delay, especially in a case involving a child under the POCSO Act, was not a valid reason to reopen the evidence.
“Considering the provisions of the POCSO Act and the Goa Children’s Act, the application filed without any reasons or justification, particularly after five years, cannot be allowed,” the court said.
“The order of the President of the Children’s Court is well reasoned, and I find no arbitrariness or error in the order,” it added, supporting the trial court’s decision. The petition was dismissed.
