Vasudev v. State of Karnataka
Karnataka High Court2018:KHC-D:107; MANU/KA/0107/2018Bench: J. B. Veerappa
The Karnataka High Court held that Sections 33(3) and 33(5) POCSO mandate that the cross-examination of a child victim must not involve questions about personal character, past sexual history, or questions of an intimidating nature. Violation of these provisions amounts to a procedural irregularity that can affect the fairness of the trial. Courts are required to ensure that the cross-examination does not become a tool of harassment of the victim. The High Court noted that where a child's testimony has inconsistencies arising from trauma and harassment during cross-examination, this cannot be held against the victim.