Trafficking survivor can’t be called to court repeatedly: HC
Times of India | 3 January 2026
Kolkata: A survivor of a heinous crime like trafficking cannot be called repeatedly for cross-examination just because the accused's lawyer wants to put more questions to her, Calcutta High Court has ruled and set aside a trial court order recalling a trafficking victim for a second round of cross-examination.
The girl, then a minor, was allegedly trafficked on Jan 29, 2023. A case was registered on Jan 30 in South 24 Parganas after her mother filed a missing complaint with police. When recovered, the girl said she was sold to a hotelier in Bengal for commercial sex purposes, her advocate, Nandini Chatterjee said.
Six persons were arrested and charged under various sections of IPC and Protection of Children from Sexual Offence Act (Pocso). Charges were framed on Dec 8, 2023, and the trial commenced.
The girl appeared for trial on Feb 27, 2024 and again on March 15, when she was cross-examined. But five months later, the lawyer representing one of the accused filed an application on Aug 13 to recall her for further cross-examination.
The accused's lawyer told the trial court that a junior advocate had failed to put vital questions to the girl and further cross-examination was required. He argued that the accused was in custody since 2023 and his "valuable right could not be exercised because of the fault of a junior member of bar". The Kakdwip Pocso court allowed the victim to be recalled.
However, Calcutta High Court justice Chaitali Chatterjee Das said the trial court had "passed the order without assigning any reason" and invoked its powers under Section 482 to scrap it. The judge also noted that the accused had been in custody for a long time and his bail application had been refused on repeated occasions.
Nandini Chatterjee, the girl's counsel argued that Section 311 of CrPC, which entails recalling of witnesses, should be used to meet the ends of justice, but in sensitive cases, especially involving heinous crime, it causes undue hardship and harassment to survivors if they are repeatedly required to appear in court for cross-examination. Reacting to the HC order, she said, "This is a win for the voiceless. One of the accused is out on bail citing health conditions."