POSCO SURVIVORS CAN BE CROSS-EXAMINED IF TURNED HOSTILE

Survivors under the Protection of Children from Sexual Offenses Act (Act) may be cross-examined by the State if the victim turns hostile. However, the cross-examination should be as per the conditions laid down under the Act.

Justice M Nagaprasanna of Karnataka HC said that the 'State is allowed to cross-examine the victim. The examination should be in accordance with section 33 of the Act, which obligates that the cross-examination questions shall be put before the Court and the Court in turn shall put the questions to the victim.

In the present case, the State approached the HC challenging an order passed by the Session Court. The Session Judge declined to allow the State to cross-examine the survivor upon her turning hostile. The accused person married the victim when he was well aware that she a minor. Moreover, he committed sexual assault many times. During the trial, the minor turned hostile.

After she turned hostile, the prosecutor sought cross-examination of the victim but the same was denied. The State contended cross-examination cannot be denied merely because the case is under the POCSO Act.

The HC permitted the cross-examination under the condition that the questions shall be put before the HC.