Madras High Court Rules Child's Interests Cannot Be Sacrificed for Pocso Trial

The Madras High Court has held that the Protection of Children from Sexual Offences (Pocso) Act, 2012, balances the prosecution of offenders with the well-being of the child, stressing that the interests of a minor cannot be sacrificed for the sake of conducting a trial.

Justice D Bharatha Chakravarthy made the observation on Tuesday while censuring the prosecution for producing a child survivor in court eight years after the incident had occurred. The prosecution had sought to bring the child back to court on the grounds that the survivor was in a state of fear during the earlier deposition.

Rejecting the move, the court stated that the prosecution must establish its case using the evidence and witnesses already available rather than subjecting the minor to repeated appearances.

The judge noted that the mother of the survivor had already been examined and the child’s earlier testimony was already on record. With the existing material before the court, the prosecution could proceed with the trial without summoning the victim again.

Justice Chakravarthy stated that there was neither legal basis nor justification for recalling the child witness. The court observed that the very purpose of protecting the survivor under the law would be defeated if the child were recalled to testify.

The court further clarified that recalling a child witness, especially a victim of a sexual offence, cannot be permitted at the instance of either the prosecution or the accused.