Calcutta HC allows recross-examination of witnesses in POCSO case, makes rare exception

The Calcutta High Court has permitted recross-examination of seven prosecution witnesses in a POCSO case, making an exception to the general rule that victims and witnesses in sexual abuse cases involving minors should not be recalled.

Justice Apurba Sinha Ray set aside a trial court order that had rejected the accused’s request for recross-examination. While noting that the trial court’s caution in protecting vulnerable witnesses was “absolutely correct,” the High Court emphasised that each case must be judged on its own merits .

The accused, convicted in 2022 for raping a minor and sentenced to 10 years of rigorous imprisonment , had his conviction overturned by a division bench of the High Court in 2024, which directed a fresh examination of the appellant. The newly-appointed counsel argued that the cross-examination of key witnesses by the previous defence counsel was inadequate , and not allowing recross-examination could prevent the accused from properly defending himself .

The High Court acknowledged the need to safeguard victims but observed that the accused’s right to competent legal representation should not be overlooked. Justice Ray noted that the earlier cross-examination appeared “ deficient and casual ,” and allowing recross-examination was “ absolutely essential ” for a fair trial .

Under the POCSO Act, the recall of victims or witnesses is generally avoided to protect them from repeated trauma , except in cases where it is deemed absolutely necessary . In this case, the court held that the accused’s right to a fair defence outweighed the potential inconvenience to witnesses, justifying this rare exception .

The special POCSO court has now been directed to allow the recross-examination of the seven prosecution witnesses.