Daijiworld Media Network – Panaji

Panaji, May 1: The High Court of Bombay at Goa has refused to allow an accused to recall a child victim for cross-examination nearly five years after the initial testimony, citing lack of valid justification for the delay.

Justice Amit Jamsandekar dismissed the plea filed by Shivanna Sajjan, observing that the application was made without sufficient reason and could not be sustained in law.

The case pertains 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 relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act.

The court noted that the child victim had already been examined on December 6, 2018, and the accused was duly represented by legal counsel at the time. However, no cross-examination of the victim was conducted during the hearing.

“Though the accused was represented by a lawyer, the record shows that the advocate did not cross-examine the victim,” the court observed.

The application to recall the witness was filed only on February 14, 2024. The court held that such a prolonged and unexplained delay, particularly in a sensitive case involving a minor, could not be entertained.

Emphasising the protective framework under the POCSO Act and the Goa Children’s Act, the High Court ruled that reopening the evidence after such a gap was not justified.

It further upheld the decision of the Children’s Court, stating that the order was well reasoned and free from arbitrariness.

The petition was accordingly dismissed.