Calcutta High Court Allows Re-Cross-Examination in Landmark POCSO Case

The Calcutta High Court has allowed re-cross-examination of witnesses in a POCSO case, setting a unique precedent by emphasizing that each case must be assessed on its own merits. The ruling acknowledged the protection of vulnerable witnesses while ensuring the accused's right to a competent defense.

The Calcutta High Court has made a landmark decision by allowing re-cross-examination of witnesses in a significant POCSO case. This ruling deviates from the usual practice of not recalling witnesses in sexual abuse cases involving minors.

Justice Apurba Sinha Ray overturned a lower court's decision that rejected a plea for re-cross-examining seven key witnesses. Although the original court decision was grounded on protecting vulnerable witnesses, the High Court emphasized that the defendant's right to a proper defense must be respected, especially when previous cross-examinations were deemed inadequate.

The case had a complex history, with the initial conviction later overturned by the High Court, which ordered a new examination of the accused. Despite opposition, the High Court noted that the defense lacked comprehensive legal representation initially, warranting the allowance for re-cross-examination for justice to be served.