The Supreme Court of India condemned the cross-examination of a four-year-old sexual assault victim, noting she faced around 150 irrelevant questions. Justice Abhay S Oka urged lawyers to show humanity and responsibility, emphasizing the need for compassion in cases involving vulnerable witnesses and calling for reforms in legal practices
New Delhi: In a scathing rebuke, the Supreme Court of India has taken strong exception to the manner in which a 4-year-old sexual assault victim was cross-examined by defence lawyers in a recent case. The court’s remarks came during the hearing of an appeal filed by a convicted teacher, who was found guilty of aggravated penetrative sexual assault of his 4-year-old student.
A bench comprising Justice Abhay S Oka and Justice Augustine George Masih expressed their dismay at the fact that the minor victim was subjected to around 150 questions during cross-examination, with 80-90% of them being deemed irrelevant. Justice Oka, visibly upset, urged lawyers to show “humanity” and “humility” in such cases, stating that “members of the bar must have some humanity within them.”
The case in question dates back to 2014, when the victim’s grandmother picked her up from school and noticed that her hair was disheveled and clothes were in disarray. Upon inquiry, the victim revealed that her teacher had taken her to the toilet and subjected her to sexual assault. The doctor’s report confirmed the assault, and a First Information Report (FIR) was registered against the teacher under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The trial court convicted the teacher and sentenced him to life imprisonment, which was upheld by the Bombay High Court in August 2021. The teacher then appealed to the Supreme Court, which is currently hearing the case.
During the hearing, the Supreme Court questioned the manner in which the cross-examination was conducted, calling for a more humane approach by lawyers in such cases. The court’s remarks serve as a stark reminder of the need for sensitivity and compassion when dealing with vulnerable victims, particularly children.
The POCSO Act, enacted to protect children from sexual offences, emphasizes the importance of a child-friendly approach in the investigation and trial process. The Act mandates that the child’s statement be recorded in a safe and comfortable environment, and that the child be treated with dignity and respect throughout the proceedings.
In light of the Supreme Court’s observations, it is imperative that lawyers and legal professionals take a more empathetic and humane approach when dealing with child victims of sexual assault. This includes avoiding unnecessary and irrelevant questioning, and prioritizing the child’s well-being and dignity above all else.
As the Supreme Court continues to hear the appeal, it is hoped that the legal fraternity will take heed of the court’s remarks and strive to create a more compassionate and child-friendly justice system.
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