“High Court Upholds Fair Trial Balance in Sexual Assault Case: Rejects Delay-Tactic Recall of Witnesses”

In a recent ruling, the High Court of Delhi affirmed the delicate equilibrium between an accused’s right to a fair trial and the interests of victims, particularly in cases involving sexual offenses against minors. The judgment, pronounced on July 31, 2023, centered around the interpretation of Section 33(5) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and emphasized the need to prevent the misuse of recall applications for trial delay.

The petitioner sought the recall of prosecution witnesses In a sexual assault case concerning a minor. The Court took note of the fact that the examination-in-chief and cross-examination of the prosecutrix and her mother were already conducted at length during the trial. The application for recall was filed after a considerable lapse of six years from the time the witnesses’ testimonies were recorded. The Court highlighted the extensive cross-examinations already undertaken and questioned the motive behind the delayed recall application.

Justice Swarana Kanta Sharma, delivering the judgment, observed, “While the right to a fair trial is crucial for the accused, it must be balanced with the equally important right of the victim to a fair trial. Especially in sensitive cases like sexual assault, the interests of the victim should not be ignored.” The Court referred to Section 33(5) of the POCSO Act, which aims to protect child victims from repeated appearances in court, and stressed that the bar on repeated summoning had to be exercised judiciously.

Citing previous case law, the Court emphasized that the mere change of counsel could not be a valid ground for recall, and the right to fair trial should not be manipulated as a pretext for repeated witness examinations. The judgment cited the State (NCT of Delhi) v. Shiv Kumar Yadav case (2016) 2 SCC 402 to underscore the importance of fairness not only for the accused but also for victims and society at large.

The Court concluded that the application for recall lacked merit and dismissed it, directing the Trial Court to ensure the expeditious conclusion of the trial. The ruling reiterated the principle that while ensuring a fair trial for the accused was vital, it should not impede justice or unduly burden victims, particularly in cases involving minors.

This decision is expected to reinforce the notion that the law should curb misuse of recall applications and expedite the judicial process, particularly in cases of sexual offenses against vulnerable individuals.

D.D: 31.07.2023

  RAKESH vs STATE OF NCT OF DELHII & ANR.

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