Guwahati: The Itanagar permanent bench of the Gauhati High Court in Arunachal Pradesh stayed a controversial order on Monday.
The Special POCSO Judge in Yupia had issued the order on March 15, allowing the recall of a 14-year-old girl for limited cross-examination in a high-profile sex trafficking case.
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The special judge had granted the accused’s request to recall the minor victim to question whether police officers had pressured her into falsely identifying the accused.
However, Inspector Nich Rupa, Officer-in-Charge of Itanagar Women Police Station, representing the state of Arunachal Pradesh, challenged the order through a revision petition.
The state argued that recalling the victim after she had already undergone full cross-examination could amount to secondary victimisation, violating the core principles of the POCSO Act.
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The petition emphasized that the trial court had overlooked protective legal frameworks and judicial precedents meant to shield child victims from trauma during legal proceedings.
Justice Budi Habung, who presided over the matter, acknowledged that the petition raised serious legal concerns. He advised avoiding repeated questioning of a child victim, except in extremely rare circumstances.
He also pointed out that implementing the lower court’s order during the revision’s pendency could inflict irreparable harm on the victim, harm that might not be reversible later.
“Considering these factors,” Justice Habung ruled, “the order passed on March 15 by the Special POCSO Judge in Yupia, allowing the recall of the child victim under Section 348 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, will remain stayed until further orders.”
The court also instructed the trial court to submit all relevant case records and issued notices to the respondents.
Meanwhile, Special Public Prosecutor Kagam Bagra informed the court that other co-accused in the case have filed similar applications seeking the recall of another victim, referred to as Victim B.
He clarified that the court will determine any further action based on the outcome of this revision petition, if Victim B has already undergone cross-examination and has been discharged.
This sex trafficking case, which has rocked the capital of Arunachal Pradesh, involves a trafficking ring that allegedly brought minor girls from Assam into Itanagar between 2020 and 2023.
The traffickers reportedly forced these girls, who came from underprivileged backgrounds, into prostitution. Police arrested 32 individuals, including doctors, engineers, and police personnel, in connection with the case.
Despite the gravity of the charges, the trial has suffered a significant blow. All five victims turned hostile during court proceedings, making prosecution efforts more difficult.
Authorities filed the chargesheet on July 26, 2024, naming 28 accused, of whom 26 are currently out on bail.
As the legal battle continues, the court’s intervention aims to ensure that the rights and dignity of child victims remain protected during the judicial process.