HC rejects plea to recall minor in rape case, cites trauma

NT Reporter

Panaji

The High Court of Bombay at Goa has dismissed a father’s petition seeking to recall his minor daughter and other witnesses for further cross-examination in a rape case, stating that such a move would cause further trauma.

The High Court said the allegations in the case are against the father and that the victim, her mother and sister have already undergone trauma. It said recalling them after more than a year would be unfair and would subject them to further distress under the guise of a fair trial.

“Allowing recall would be contrary to Section 33 of the POCSO Act and the principles relating to vulnerable witnesses,” stated the court.

The High Court said that what is considered fair to the accused cannot result in unfairness to the victims and witnesses, and that the principle of a fair trial applies equally to the complainant, victim and witnesses.

According to the case, the accused father allegedly repeatedly raped his minor daughter between 2018 and 2019. The petitioner had challenged an order of the Children’s Court, which had rejected his application to recall the victim, her mother and her sister for further questioning.

The High Court said the petitioner had made only vague averments in the application and had not provided material particulars explaining the evidence he intended to rely upon. It said that the alleged
failure of counsel to ask relevant questions during cross-examination cannot be grounds for recalling
witnesses.

The court also noted that the application was filed after a delay of more than nine months, with the last witness examined on December 11, 2024, and said the application appeared to be malafide and intended to fill gaps in
evidence.