The Calcutta High Court in Soumen Biswas @ Litan Biswas v/s State of West Bengal issued a slew of directions to the Special Courts to ensure a smooth, prompt and seamless examination of the minor victim of sexual offences. They are as follows:
Upon commencement of trial minor victim shall be examined first bearing in mind the mandate under Subsection (1) of Section 35 of the POCSO Act;
No adjournment shall be given to either of the parties when a minor victim is brought to the Court for giving evidence. Her examination is to be concluded as far as practicable on the day itself. All stakeholders including the Special Public Prosecutor and defense counsels shall co-operate with the Court in that regard;
Apart from circumstances pertaining to the minor viz. her state of health or due to circumstances beyond the control of the Court, no adjournment shall be granted;
We hasten to add cessation of work owing to lawyer's strike shall not be a ground to postpone the examination of a minor, if she is present in Court;
Apex Court has held bar resolutions to abstain from work/ lawyer's strike are illegal and amount to contempt of Court. Hence, refusal to examine and/or cross-examine the minor victim who is present in Court on such ground would not only amount to 'professional misconduct' on the part of the lawyer concerned but shall also be construed as obstruction to the administration of justice making him liable for 'criminal contempt' under section 2(c) of the Contempt of Courts Act;
In the event, that an adjournment is given owing to circumstances pertaining to the minor or beyond the control of the Court, reason for adjournment must be explicitly stated in the order sheet and such adjournment shall be for a very short period not more than 2-3 days subject, however, to the convenience of the minor;
Sub-section (5) of Section 33 of the POCSO Act is a provision engrafted in a special law enacted for the protection of minor victims of sexual offences. The said provision shall override the provisions under the general law, e.g. Code of Criminal Procedure and the Evidence Act including the provision for deferment of cross-examination under Subsection (2) of Section 231 of the Code of Criminal Procedure. Hence, no deferment of cross-examination under section 231(2) CrPC. be permitted if the same is not conducive to the interest of the child;
Necessary witness protection measures including support, compensation, counselling shall be provided by the investigating agency and the District Legal Services Authority (DLSA) concerned to the minor victim and her family before, during and even after the trial, if necessary;
In the event the minor resides at a far-off place or due to inconvenience is unable to come to Court, her/his evidence shall be recorded through videoconferencing following the 'Standard Operating Procedure' prescribed by the Apex Court in Re Children in Street situations.