Extend ‘motherly hand’ to minor rape victims, says Madras HC to judicial officers

Key points

• The FIR was registered on August 28, 2018 by the all-women police based on the complaint lodged by the child…
• The judge added, “Our job is akin to that of a mother who feeds the infant by making it focus…
• He said, sadly, the relevant aspects are not even argued or discussed in the application of the prosecution for recalling…

CHENNAI: Stating that judicial officers shall extend a “motherly hand” to children subjected to sexual assault while dealing with such cases, the Madras High Court has emphasised the need for imparting training to the officers presiding over special courts for Pocso cases.

While disposing of a petition filed by an accused in a Pocso case challenging the trial court’s permission for recalling the child for recording evidence, said children cannot be produced to relive the trauma suffered already, justice D Bharatha Chakravarthy.

He said, sadly, the relevant aspects are not even argued or discussed in the application of the prosecution for recalling the 10-year-old survivor or in the order allowing it. “Thus, it can be seen that we have a long way to go in understanding these children, their inner voice and the art of empathising with them,” he said in a recent order.

The judge added, “Our job is akin to that of a mother who feeds the infant by making it focus on the moon. Like the gentle hand that makes the baby ultimately see the moon without feeling any pressure or pain, the entire exercise has to be carried on with a great deal of empathy and care.”

What happened

The judge asked the Tamil Nadu Judicial Academy to supply copies of the manual prepared by the Karnataka Judicial Academy on handling child witnesses to judicial officers in the state and prepare a Tamil version.

Justice Chakravarthy said in every Pocso court, it shall be displayed that under no circumstance the child survivor be recalled and the Bar should be specifically put on notice that they have to cross-examine on the same day.

Setting aside the September 29, 2025 order of the special Pocso court in Tiruvallur permitting recall of the survivor, the judge said it is open to the prosecution to proceed with the trial and prove the offence in the manner known to law by adducing such other evidence as it may deem fit.

The FIR was registered on August 28, 2018 by the all-women police based on the complaint lodged by the child survivor’s mother. The accused was the driver of the school where the child was studying in LKG. The charge sheet was filed by the police after two years. The child was examined only on August 11, 2025. Later, the prosecution sought the trial court to permit recall of the survivor for examination.