Page No.# 1/4 GAHC020005412025 2025:GAU-NL:490 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Crl. Pet./29/2025 SMTI. CHAYARA BEGAM WIFE OF LATE ABDUL JALILL, PERMANENT RESIDENT OF PATHU, KARIMGANI-788710, ASSAM VERSUS STATE OF NAGALAND AND 2 ORS NAGALAND KOHIMA 2:SHRI NAZIM UDDIN (FIR INFORMANT) S/O TAFAJUL HUSSAIN PRESENT RESIDENT OF JAIL COLONY KOHIMA NAGALAND-797001. PERMANENT RESIDENT OF MAIZGRAM KARIMGANJ-788710 ASSAM 3:MISS MAZIDA BEGUM (VICTIM) PRESENT RESIDENT OF JAIL COLONY KOHIMA KOHIMA NAGALAND-797001 PERMANENT RESIDENT OF MAIZGRAM KARIMGANJ-788710 ASSA Advocate for the Petitioner : SENTIYANGER, KEVISERIENUO,NOCKLEI M KONYAK,KONLI BUCHEM Advocate for the Respondent : P.P, NAGALAND, Page No.# 2/4 BEFORE: HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 25.09.2025 This petition, under Section 528 of the BNSS, 2023 has been filed by the mother of the accused praying for recall of the Victim/PW-4 under Section 311, CrPC. 2. Heard learned counsel for the petitioner, Mr. Sentiyanger as well as learned Public Prosecutor, Mr. Veto V. Zhimomi for the respondent no. 1, and Mr. Pokyim Yaden, learned counsel for the respondent nos. 2 and 3. 3. The case of the petitioner is that the FIR dated 29.07.2023 had been filed by the Father/PW-1 of the Victim/PW-4 alleging sexual assault by the accused against his daughter. Accordingly, a case was registered, being Kohima Women PS Case No. 0006/2023 under Section 376(3)/354D, IPC read with Section 4, POCSO Act and the accused was arrested on 31.07.2023. 4. The Charge-sheet No. 3/2023 dated 25.09.2023 was filed and thereafter the charges were framed and the trial commenced. As on date, the depositions of PW-1 and PW-4 have already been recorded on 10.04.2024. 5. It is stated that during the examination of the PW-4/Victim, the material question on whether any sexual assault was committed by the accused was not put to the witness. Accordingly, the accused filed IA/114/2025 before the learned Trial Court praying for recall of the PW- 4/Victim under Section 311 of the CrPC. However, by Order dated Page No.# 3/4 10.07.2025, the learned Trial Court observed that the applicant had not been able to satisfy the court to recall the PW-4/Victim in order to cross- examine her again. The learned Trial Court found no reason to recall the PW-4/Victim for recording her evidence again and, thereafter, rejected the IA/114/2025. Being aggrieved, the petitioner has come before this Court under Section 482 CrPC/528, BNSS praying for exercise of the inherent powers of this Court to recall the PW-4/Victim under Section 311 of the CrPC/348, BNSS. 6. This Court has given due consideration to the submissions of the learned counsels for the parties. This Court has also perused the pleadings as well as the Trial Court Records. This Court has gone through the deposition of the PW-4/Victim as well as the PW-1. The PW-1 in his examination–in-chief as well as in the cross-examination has not stated anything about sexual assault. Even in the deposition of the PW-4/Victim, it is seen that neither the prosecution nor the defense put any question to the witness regarding the sexual assault. It is seen that the present case is one where the accused has been charged under Sections 376(3)/354D, IPS read with Section 4/6 of the POCSO Act, 2012. However, the manner in which the Victim/PW-4 was examined and cross-examined was not properly done. Accordingly, this Court is of the view that the right to fair trial demands that proper examination of the witnesses is to be conducted by the prosecution as well as the defense. 7. In view of the above, this Court is inclined to allow the present petition. Accordingly, the impugned Order dated 10.07.2025 passed in IA/114/2025 by the Learned Special Judge, POCSO Act, Kohima is Page No.# 4/4 quashed and set aside. The Trial Court is directed to recall the PW- 4/Victim and record her statement afresh after giving due opportunity to the prosecution as well as the defense preferably within one month from the date of this Order. 8. Petition is disposed of. 9. The Registry is directed to return the Trial Court Records to the concerned court. JUDGE Comparing Assistant