Punjab & Haryana HC Asks POCSO Court Why Victim Given Up As Prosecution Witness, Says Her Statement Is 'Material For Trial'

Finding it "strange", the Punjab & Haryana High Court has asked a Special POCSO court to report as to why the victim is given up as a prosecution witness in a rape case.

Justice Amarjot Bhatti said, "Recording of statement of victim is material for proper and final adjudication of the trial. It is strange that the victim as prosecution witness has been given up by the Public Prosecutor and this fact is incorporated in the zimni order..."

Consequently, the Court asked the concerned Additional District & Sessions Judge/Fast Track Special Court, (POCSO), to report as to under what facts and circumstances victim as prosecution witness has been given up.

The Court was hearing a bail plea in a case wherein the petitioner was accused of committing rape against a 16- year-old girl in 2020. Counsel appearing for the accused contended that the case in fabricated and he has been in custody for over 4 years and 8 months.

In January, the Court had said that it cannot be ignored that at the time of alleged occurrence, victim was less than 16 years of age and that petitioner is behind the bars for a long duration.

Hence, it had directed the trial Court  to make every possible endeavour to conclude the prosecution evidence.

 The case is now listed for May 27, for further consideration.

Mr. Rahul Singh, Advocate for the petitioner.

Ms. Aditi Girdhar, AAG, Haryana.

Title: VIJAY V/S STATE OF HARYANA