Staff Reporter
ITANAGAR, 10 Jun: The Itanagar permanent bench of the Gauhati High Court on Monday stayed the operation of an order passed by the special judge (POCSO) in Yupia on 15 March, allowing the recall of a 14-year-old victim for limited cross-examination in the high-profile sex trafficking case of the Itanagar women police station (WPS) Case No 20/2024, under IPC Section 376, POCSO Act and the Immoral Trafficking (Prevention) Act.
The special judge (POCSO) in the Yupia court allowed the application in which the accused sought recalling of the minor victim for limited cross-examination to ask if police personnel had threatened her to falsely identify the accused.
The state of Arunachal Pradesh, represented by Itanagar WPS OC Inspector Nich Rupa, had filed a petition challenging the special judge order stating that “the victim child is under the POCSO Act, recalling the victim after full cross-examination, especially on question aimed at impeaching credibility on alleged police threats, may result in secondary victimisation and is contrary to the object and spirit of the POCSO Act.”
The petitioner further reiterated that the trial court erred in allowing the recall without considering the protective framework under the POCSO Act and the judicial guidelines on the treatment of child victims in court proceedings. “Such impugned order is likely to cause undue harassment to the minor victim and may prejudice the fair trial process,” the petitioner added, pleading with the high court to consider the application in the light of special protection granted to the victims under the POCSO Act.
Ruling the petition, Justice Budi Habung noted that “the court notes that the issues raised in the petition require consideration, particularly in the light of the special protection granted to the victims under the POCSO Act and allied guidelines, prohibition of secondary victimisation and repeated cross-examination of child victims except in the rarest circumstances and the scope and limitations of section 348 BNSS, 2023 when applied to in a POCSO trial context.”
“Further, this court is of the view that if the impugned order is implemented during the pendency of this revision, it may result in irreparable prejudice to the child victim, which may not be capable of rectification at a later stage,” Justice Habung added.
“In view of the above, the operation of the impugned order dated 15.3.2025 passed by the learned special judge, POCSO court, Yupia, allowing recall of the victim under section 348 BNSS, shall remain stayed until further orders,” he ruled.
Further, the court directed the trial court record to be submitted and issued notice to the respondents.
Meanwhile, special public prosecutor (POCSO) Kagam Bagra further submitted that the other co-accused persons have also filed similar applications before the special judge, POCSO, Yupia, seeking recall of Victim B for further cross-examination. In this regard, it is made clear that if the victim has already been cross-examined and discharged in the trial of the present case by the special judge, POCSO, Yupia, the same shall be subject to the outcome of this revision.
The high-profile sex trafficking case in Arunachal Pradesh’ capital, Itanagar – involving minor girls and a network of accused, including doctors, engineers and police personnel – has suffered a major setback as all five victims turned hostile during trial proceedings. The capital police filed the chargesheet on 26 July, 2024.
Out of 28 chargesheeted accused, 26 are out on bail.
At least 32 individuals were arrested by the capital police in connection with the interstate sex trafficking case, involving minors from Assam to Itanagar, who were forced into prostitution. The victims, who hail from economically disadvantaged families in Assam, were trafficked to Itanagar between 2020 and 2023.
