HC rules against recalling child rape victim to testify

The Delhi High Court has held that a child witness,once declared incapable of testifying in a criminal case,cannot be recalled by the trial court after a few years on the basis of the opinion that her deposition was now required to get to the root of the case. Setting aside a sessions court order recalling a minor rape victim to testify,Justice S N Dhingra said there was a reasonable apprehension of the witnesses being tutored to make statements,which could jeopardise the right of an accused to a fair trial.

The court differed with the sessions court order summoning a minor,who was declared by the trial court as incapable of deposition in September 2007 — eight months after she was allegedly raped. The minor was then fives year old. The sessions court in January allowed the prosecution’s plea to recall her after noting that her deposition was necessary.

“Once the court has come to conclusion that the child witness is incapable of giving rational answers and is not a competent witness,re-summoning the same child later is fraught with dangers,” held Justice Dhingra.