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Bombay High Court

SHIVANNA SHEVA SAJJAN, PRESENTLY IN JUDICIAL CUSTORY, COLVALE, BARDEZ GOAversusTHE STATE OF GOA, THR. THE PUBLIC PROSECUTOR AND ORS

Disposal
Dismissed

Holding

The application under Section 311 CrPC is dismissed as untimely and without justification, and the order of the Children’s Court is upheld.

Summary

The petitioner, Shivanna Sheva Sajjan, filed a criminal writ petition challenging the order of the President of the Children’s Court, Panaji, which rejected his application under Section 311 of the Criminal Procedure Code to recall the child victim for cross‑examination in a case involving offences under IPC Section 377, the Goa Children’s Act, and the POCSO Act. The FIR was lodged on 17‑05‑2018 and the victim was examined on 06‑12‑2018, but the petitioner’s counsel did not cross‑examine the victim at that time. After a delay of nearly five years, the petitioner filed the recall application on 14‑02‑2024 without providing any justification. The High Court held that the application was untimely, lacked any reason, and could not be permitted under the protective provisions of the POCSO Act and the Goa Children’s Act. Consequently, the court dismissed the petition, finding no arbitrariness in the Children’s Court’s order.

Issues considered

  • Whether an application under Section 311 of the Criminal Procedure Code seeking recall of a child victim for cross‑examination can be entertained after a delay of five years.
  • Whether the protective provisions of the POCSO Act and the Goa Children’s Act preclude such a delayed application.

Legislation cited

Subjects

  • Criminal Procedure
  • Witness Recall
  • Cross‑Examination
  • POCSO
  • Child Protection
  • Procedural Delay
  • Section 311 CrPC

Judgment

2026:BHC-GOA:951                                                                      Shivanna Sheva Sajjan
                                                                                                        Vs.
                                                                                            State & Others
                                                     __________________________________________________
                                                                                      6 WPCR 129 of 2026



               Esha

                       IN THE HIGH COURT OF BOMBAY AT GOA

                          CRIMINAL WRIT PETITION NO. 129 OF 2026

             SHIVANNA SHEVA SAJJAN                                       … PETITIONER


                              ~ VERSUS ~


             STATE & OTHERS                                           … RESPONDENTS


             A PPEARANCES :


             for the Petitioner               Mr. Ashay Priolkar
             for the Respondents              Mr. Nikhil Vaze, APP



                                   CORAM : AMIT S. JAMSANDEKAR, J.
                                   DATED : 30th APRIL 2026
             P.C:


              1. Office to waive the office objections, if any, and register the Petition.


              2. By the present Petition, the Petitioner has challenged the order dated
                    25.04.2024, passed by the President of the Children’s Court for the
                    State of Goa. By the impugned order, the Children’s Court, Panaji, has
                    rejected the Petitioner’s Application under Section 311 of the Code of

                                                Page 1 of 3
                                               April 30, 2026
                                                                      Shivanna Sheva Sajjan
                                                                                        Vs.
                                                                            State & Others
                                     __________________________________________________
                                                                      6 WPCR 129 of 2026


   Criminal Procedure, 1973 (Cr.P.C.), by which the Petitioner sought to
   recall the witness (the Victim) for cross-examination. The FIR came to
   be filed on 17.05.2018 bearing No. 155/2018 for an offence punishable
   under Section 377 of the Indian Penal Code, Section 8 of the Goa
   Children’s Act and Sections 4, 8, 12 of the Protection of Children from
   Sexual Offences Act, 2012 (POCSO Act).


3. The Victim was examined by the Prosecution on 06.12.2018. Though
   the Petitioner-Accused was represented by a Lawyer, the record clearly
   indicates that the Victim was not cross-examined by the Petitioner’s
   Advocate on 06.12.2018.


4. Thereafter, the Petitioner filed an Application on 14.02.2024 i.e. almost
   after a period of five years, seeking recall of the Victim for cross-
   examination.


5. Heard Mr. Priolkar, the learned Counsel for the Petitioner and Mr.
   Vaze, the learned Additional Public Prosecutor on behalf of the State
   and perused the record.


6. The Application filed by the Petitioner under Section 311 of Cr.P.C. is
   clearly without any justification. There is no explanation as to why the
   Application was filed almost after a period of five years. The
   Application was filed in the most casual manner, which cannot be
   justified on any ground. Therefore, the learned President of the
   Children’s Court has rightly rejected the Petitioner’s Application. In

                                Page 2 of 3
                               April 30, 2026
                                                                                                     Shivanna Sheva Sajjan
                                                                                                                       Vs.
                                                                                                           State & Others
                                                                    __________________________________________________
                                                                                                     6 WPCR 129 of 2026


                                  any case, considering the provisions of the POCSO Act and the Goa
                                  Children’s Act, the Application filed without any reasons and
                                  justification, particularly after five years, cannot be allowed. The order
                                  of the President of the Children’s Court is a well-reasoned order, and
                                  I do not find any arbitrariness or perversity in the impugned order.


                              7. In view thereof, the Petition is dismissed.


                              8. No order as to costs.


                              9. This order will be digitally signed by the Private Secretary/Personal
                                  Assistant of this Court. All concerned will act on production by fax or
                                  email of a digitally signed copy of this order.




                                                                               [ AMIT S. JAMSANDEKAR, J. ]




                                                               Page 3 of 3
Signed by: ESHA SAINATH                                       April 30, 2026
VAIGANKAR
Designation: Personal Assistant
Date: 30/04/2026 14:42:41


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