Ensure Day-To-Day Recording Of Testimony In POCSO Trials To Prevent Witness Pressure: Delhi High Court To Trial Courts

The Delhi High Court has directed all trial courts in the national capital to ensure that testimony of witnesses already being examined should be recorded on day-to-day basis till its conclusion, in order to minimise the possibility of pressurising witnesses .Justice Girish Kathpalia said that the trial courts should also ensure that such trials should preferably be conducted on day-to-day basis. “….it is directed that copy of this judgment be sent to all Principal District and Sessions Judges in Delhi with the request to circulate the same amongst all courts dealing with trials in Sessions Cases, especially cases under the POCSO Act,” the Court said. Justice Kathpalia passed the order while dismissing a bail application filed by an accused in a case registered under Section 363 and 376 of IPC and Section 6 of POCSO Act.The accused contended that the prosecutrix had not supported the prosecution case. However, on examining the trial court record, the Court found that the prosecutrix had, in her chief examination, fully supported the prosecution version, alleging forcible kidnapping, threats of defamation through social media, and repeated sexual assault by the accused after being taken to various places. The Court took strong exception to the manner in which the prosecutrix's testimony was recorded before the trial court and cautioned that prolonged gaps in recording evidence create opportunities for pressurising witnesses. “It has been repeatedly directed across multiple judicial precedents that in trials before the Court of Sessions, the trial must be taken up on day to day basis at least so far as the witness in box is concerned. For, such prolonged gap in the course of recording testimony creates occasions for pressurizing the partly examined witnesses of prosecution,” the judge said. The Court dismissed the plea, holding that it was not a fit case to release the accused on bail.Title: SURJEET KUMAR @ KALU v. STATE OF NCT OF DELHI & ANRCitation: 2026 LiveLaw (Del) 167Click Here To Read Order

Ensure Day-To-Day Recording Of Testimony In POCSO Trials To Prevent Witness Pressure: Delhi High Court To Trial Courts

Nupur Thapliyal

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