Team Goemkarponn
PANAJI: The Bombay High Court at Goa has refused an accused’s request to recall a minor survivor for cross-examination, citing an unjustified delay of nearly five years.
Justice Amit Jamsandekar dismissed the plea filed by Shivanna Sajjan, observing that no reasonable grounds were provided for seeking to reopen the testimony at such a late stage.
The matter relates to a case registered on May 17, 2018, under Section 377 of the IPC, provisions of the Goa Children’s Act, and relevant sections of the POCSO Act.
The court pointed out that the child had already deposed on December 6, 2018, in the presence of the accused’s lawyer. However, the defence chose not to cross-examine the witness at that time.
The application to recall the witness was only filed on February 14, 2024. The court held that such a prolonged and unexplained delay—particularly in a case involving a child—does not justify reopening evidence.
Stressing the need to protect child victims from repeated court exposure, the High Court also endorsed the earlier decision of the Children’s Court, finding no legal flaw or arbitrariness in its order.
The petition was therefore rejected.
