The High Court set aside the district court's order, saying the victim cannot be summoned to the court again after the testimony was taken.:

News Topical, Digital Desk : The Calcutta High Court has set aside a district court order in a POCSO case, stating that a victim cannot be summoned to court again after her testimony has been taken. The law provides dignity and psychological protection to victims. It also protects their rights.

According to information received from the court, while investigating the case of disappearance of a minor girl in Hooghly district of the state, the police came to know that she had been sold for sexual exploitation.

The accused arrested in the case also physically and mentally abused her. A case was registered under the sections of kidnapping, human trafficking, rape, conspiracy, and the Protection of Children from Sexual Offences (POCSO) Act.

During the trial, the district court recorded the victim's statement for two days. Even the accused's lawyer questioned her. Nearly five months later, the accused's lawyer filed an appeal in court, stating that his junior lawyer had previously questioned the victim, but had forgotten to ask several crucial questions.

Therefore, the victim should be recalled and questioned. The accused's lawyer cited Section 311 of the Indian Penal Code. According to this section, even after the testimony is complete, a witness can be recalled and questioned again. However, this can only be done if absolutely necessary.

The district court granted the application and ordered a re-examination. The victim's family appealed the order to the High Court. Justice Chaitali Chatterjee of the court found that the district court had not provided any valid reasons.

The judge stated that the victim had already given her statement. Recalling her to court five months later was an act of mental anguish and humiliation. It was, in effect, an attempt to conceal the accused's wrongdoing. The High Court set aside the district court's order.