Justice Banerjee in her speech also flagged the issue of survivors in POCSO cases not being able to give their depositions properly on account of not wanting to recount the trauma they went through, which ultimately affects the outcome of the trial.
“If you keep asking them about their trauma, there will always be inconsistencies as they will falter. Even I would, [so] think of a small child asked a question over and over again. By the time a child has to give evidence all over again, she would be exhausted and as a result…the case would be affected.”
She also stressed that sexual abuse was a violent act that is a violation of human rights and can destroy one psychologically.
“We find from data that more and more children are being exploited sexually. But is that cases are rising or more are now aware and guardians are coming forward to complain? Sexual assault was brushed under the carpet [earlier] for social reasons. It is the victim who has to go through the stigma and criticism.“
Source: Barandbench
