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1 - 10 of 11 (0.21 seconds)The Juvenile Justice (Care and Protection of Children) Act, 2000
The Indian Penal Code, 1860
Section 363 in The Indian Penal Code, 1860 [Entire Act]
Section 4 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Section 354D in The Indian Penal Code, 1860 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 366A in The Indian Penal Code, 1860 [Entire Act]
Section 3 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Jesfin Joy vs State Of Kerala on 18 April, 2023
11. Law regarding recalling of child witness is well settled.
Law regarding recalling of child witness is subject to the rider under
Section 33(5) of the POCSO Act. While dealing with the same question, in
the decision reported in Jerin Joy v. State of Kerala [2024 (4) KHC 188],
this Court held that, as per Section 33(5) of the POCSO Act, it has been
2024:KER:87496
Crl.M.C.Nos.9471, 9473 & 9474 of 2024 9
provided that the Special Court shall ensure that the child is not recalled
repeatedly to testify in the court. This provision to be read and understood
to hold that repeated examination of the child shall be avoided and this
provision shall not be interpreted to hold that recalling of the child witness
is prohibited in toto. Therefore, bar under Section 33(5) of the POCSO Act
is not absolute and in an appropriate case, in order to meet the ends of
justice, relaxation of the mandate under Section 33(5) of the POCSO Act
is legally permissible. However, in such cases, it should be established that
such recalling is absolutely necessary for the just decision of the case and
the same shall not be for the purpose of filling up the lacuna in evidence or
to fill up the omission at the instance of the counsel for the accused vis-a-
vis the public prosecutor.