Precaution to be taken by court in trial of sex offences against minors

 In the present matter, the petitioner has caused terror upon the
minor victim by committing a criminal act of sexual abuse and by
creating the compelling circumstances as discussed above. There is a lot
of pressure from the accused as well as parents of the victim and the child
witness is being compelled by circumstances not to bring true facts before
the Court. The conduct of the petitioner is apparently going to affect the
due process of law and the testimony of the victim. As a result, the Trial
Court is directed to ensure the examination of the child witness by giving
due protection to him and bring the child out of the pressure of the
petitioner and of the father of the victim and even if need arises, shall also
consider cancellation of bail for the independent testimony of the child.
10. All the Criminal Courts are directed to adopt all the reasonable
precautions to ensure the true testimony of the child witnesses and to 
provide atmosphere and the circumstances to the effect that the child
witnesses shall not be compelled by the circumstances, by the accused
including the parents, from bringing truth before the Court. It shall
further be ensured that the child witnesses be examined in special court
room meant for it and provide all the precautions available to the child
victims under the Prevention of Children from Sexual Offences Act, 2012.
11. Judgment be circulated to all the Criminal Courts below for
implementation of para 10.
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL.M.C. 4046/2015 & Crl.M.A. Nos.14412-14413/2015
Date of Decision : September 30th, 2015
ANKUSH KUMAR ..... Petitioner

versus
STATE & ANR ..... Respondents

CORAM:
HON'BLE MR. JUSTICE P.S.TEJI

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