National: The Supreme Court has said that a minor victim of sexual assault should not be called repeatedly to testify in the trial court. A bench headed by Justice Sudhanshu Dhulia said that a child who has undergone traumatic experience of sexual crime should not be called repeatedly to testify about the same incident.

he married a minor girl

The court was hearing a petition challenging the orders of the Orissa High Court and the Additional Sessions Judge-cum-Special Court, Nayagarh under the Protection of Children from Sexual Offences (POCSO) Act, which had refused to summon a minor victim as a witness again. In this case, the accused had kidnapped the minor girl, married her in a temple and forced her to have sex. The victim was later rescued by her parents with the help of police.

Application for reconsideration dismissed

The accused were booked in 2020 under relevant sections of the ICP, POCSO Act and Prohibition of Child Marriage Act. During the hearing, the special court rejected the application filed by the accused to summon the victim again as a witness. The trial court relied on Section 33(5) of the POCSO Act, which states that the child shall not be summoned to the court to testify.

The child should not be called repeatedly to testify before the court

Upholding the decision, the Supreme Court said, "The POCSO Act is a special law which was enacted to protect children from sexual offences and safeguard their interests and to ensure the well-being of the child at every stage of trial of offences under the Act. Section 33(5) of the Act casts an obligation on the special court to ensure that the child is not repeatedly summoned to testify before the court."