BASAVRAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question an order dtd. 27/6/2019 passed by the LIII Additional City Civil and Sessions Judge, Bangalore in Spl.C.C.No.139/2015, rejecting an application filed by the petitioner seeking recall of the prosecution witnesses - PWs.3, 4, 6 and 7.

(2.) Heard Sri.Guru Prasanna S., learned counsel appearing for the petitioner and Sri. K.S. Abhijith, learned HCGP for the respondent.

(3.) The petitioner is accused No.2 in a proceeding instituted for offences punishable under Ss. 363 , 366A , 376 , 342 and 506 of IPC and Sec. 5(C) read with Sec. 6 of Protection of the Children from Sexual Offences Act, 2012 (for short 'POCSO Act'). On 6/5/2015, charges were framed against the accused and on 27/8/2018, the present accused No.2 files an application seeking recall of PWs.3, 4, 6 and 7 for further cross-examination, notwithstanding the fact that they were already cross-examined on 9/12/2015. The said application is taken up by the Special Court in the year 2019 only to decline the request of the petitioner for recalling on the ground that earlier opportunity that was granted had not been utilized by the petitioner to cross-examine witnesses. It is this order that drives the petitioner to this Court in the subject petition.