Kerala High Court Refuses to Recall POCSO Victim to Alter Testimony After Compromise

The Kerala High Court ruled that powers under Section 311 CrPC and Section 348 BNSS cannot be used to recall a POCSO or rape victim to alter trial testimony due to post-trial compromise.

The accused, facing charges under IPC Sections 376, 323, 506 and POCSO Sections 3(a), 4, 7, and 8, sought to re-examine the victim after claiming a settlement.

The Court held this move undermined judicial integrity and aimed to obstruct due process.

Observing the victim’s consistent statements, it dismissed the plea, reinforcing that such powers can’t be invoked routinely or to force victims into retracting prior truthful testimony. The court dismissed the petition. 

[Shiju Krishnan v. State of Kerala]