The Itanagar permanent bench of the Gauhati High Court has stayed the operation of an order passed by the special judge (POCSO) in Yupia on 15 March. The order had allowed the recall of a 14-year-old victim for limited cross-examination in the high-profile sex trafficking case registered at the Itanagar women police station (WPS), Case No 20/2024, under the POCSO Act and the Immoral Trafficking (Prevention) Act.
The State of Arunachal Pradesh, represented by Itanagar WPS Officer-in-Charge Inspector Nich Rupa, filed a petition challenging the (POCSO) Special Judge’s order. The petition stated that “the victim child is protected under the POCSO Act, and recalling the victim after full cross-examination – particularly to question her credibility regarding alleged police threats – may result in secondary victimisation and is contrary to the object and spirit of the POCSO Act.”
The petitioner further argued that the trial court erred in allowing the recall without considering the protective framework under the POCSO Act and existing judicial guidelines on the treatment of child victims in court proceedings.
The special judge had granted an application filed by the accused, seeking to recall the minor victim for limited cross-examination, specifically to question whether police personnel had threatened her to falsely identify the accused.
At least 32 individuals were arrested by the capital police in connection with the interstate sex trafficking case, which involved minors trafficked from Assam to Itanagar and forced into prostitution. The victims, all from economically disadvantaged families in Assam, were trafficked between 2020 and 2023.
The case, involving minor girls and a network of accused individuals – including doctors, engineers, and police personnel – had shocked the state. The police conducted a meticulous investigation under the supervision of IPS officer Rohit Rajbir Singh and filed the chargesheet on 26 July, 2024.
However, the case suffered a major setback when all five victims turned hostile during the trial, leading to the release on bail of 26 out of the 28 chargesheeted accused.
Although the capital police acted promptly in filing the chargesheet, disappointment stems from the fact that all victims have turned hostile. How the case progresses now will hinge on the latest court ruling and the earlier statements given by the minors.