People accused of subjecting children to sexual abuse cannot be permitted to “torture” the child victims by urging the trial courts to recall them for re-examination after the conclusion of examination-in-chief by the prosecution as well as cross examination by the defence counsel, the Madras High Court Bench here has said.
Dismissing a petition filed by a person prosecuted for sexually abusing his six-year-old daughter whom he wanted to re-examine before Dindigul Mahila Court, Justice R. Mala said: “It is a settled proposition of law that fair opportunity must be given to the accused to prove his innocence. However, in the case on hand, we must consider the age of the child too.
“Since the child was aged about six years at the time of occurrence and now she is aged about seven years, such child witness cannot be tortured by recalling… I do not find any merit in the contentions taken by the petitioner and I am of the view that the petition has been filed only with a view to harass the minor girl who happens to be none other than the daughter of the petitioner.”
Arguing the case on behalf of the Inspector of Dindigul All Women Police Station, Government Advocate K. Anbarasan pointed out that the petitioner had been booked under Section 376 (rape) of Indian Penal Code read with Section 4 of the Protection of Children from Sexual Offences Act (POCSO) 2012 and the child victim was examined as the prime prosecution witness on May 30, 2014.
Nevertheless, after about 11 months, the petitioner urged the trial court to recall the victim as well as the doctor who subjected the girl to medical examination, after the alleged occurrence, for re-examination on the ground that they had to be countered with some more documents. The Mahila Court on April 7 this year allowed the plea only with respect to the doctor and hence the present petition.
