Unsponsored by the prosecution, the victim girl in a POCSO Act
crime has approached this Court with this petition under section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the order
passed by the Fast Track Special Court (POCSO) dismissing a petition
filed by her under Section 311 Cr.P.C for recalling and further examining
her as PW1. The offences involved in the case are under Sections 366,
354 and 354D I.P.C and Section 8 r/w Section 7 and Section 10 r/w
Section 9 of the POCSO Act.
2. In the petition filed by her before the Trial Court, she would
contend that due to high pressure from police officials and also due to
mistake and personal issues, she happened to give statements before
the Trial Court when examined as PW1 during the course of trial. It was
further contended in the above petition that at present she has no
complaint against the accused and she is ready to give further deposition
before the Trial Court with regard to actual truth. For the above reason,
she requested the Trial Court to permit her to be present before that
court for additional chief examination since she does not intend to
proceed against the accused and to prosecute the case any further.