STATE OF KARNATAKA Vs. SOMANNA

JUDGEMENT

(1.) The State is before this Court in the subject petition calling in question order dtd. 16/9/2019 passed by the Principal District and Sessions Judge, Chamarajnagar in Special Case No. 184 of 2019, whereby the learned Sessions Judge declined to permit the State to cross-examine the victim on her turning hostile in a case arising out of the provisions of the Protection of Children from Sexual Offences Act, 2012 ('POSCO Act' for short) and Ss. 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006.

(2.) Sans details, facts in brief, are as follows:- A complaint is registered 29/4/2019 in Crime No. 115 of 2019 for offences punishable under Sec. 376(n) read with Sec. 34 of the IPC, Ss. 4, 6, 8, 12 and 17 of the POSCO Act and Ss. 9, 10 and 11 of the Prohibition of Child Marriage Act. The complaint was registered for an offence that was committed on 2/12/2018. The allegation was that accused Nos.2 to 10 having knowledge that the victim girl was minor got her marriage with accused No.1 on 2/12/2018 and accused No.1 knowing full well that the victim was a minor girl had committed sexual assault on her many a times. In the trial, recording of evidence of prosecution witnesses commenced on 16/9/2019 on which day the victim turns hostile. On her turning hostile, the State seeks permission of the learned Sessions Judge to cross-examine the witness. The learned Sessions Judge having declined such cross-examination drives the State to this Court in the subject petition.

(3.) Sri. Shankar H.S., learned High Court Government Pleader representing the State would vehemently submit that the order passed on 16/9/2019 runs counter to law as once the witness turns hostile cross-examination is a right. Merely because the proceedings are under the POSCO Act, the right of cross-examination cannot be taken away as the very Act itself permits such cross-examination and submits that the same be allowed and the State be permitted to cross-examine the victim.