SHRIKANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned High Court Government Pleader takes notice for respondent/State.

(2.) In this petition filed under Sec. 482 of Cr.P.C., the petitioner is praying to set aside the order dtd. 1/9/2022 passed by the Sessions Court, rejecting the application filed by him under Sec. 311 of Cr.P.C. and rejecting the prayer of the defence to cross-examine P.W.1.

(3.) Petitioner is facing trial for the offences punishable under Ss. 350, 376-DB, 504, 506 r/w Sec. 34 of IPC and Ss. 4 and 6 of POCSO Act, 2012. The victim was examined as P.W.1 before the trial court on 28/9/2021. Since the victim did not support the case of prosecution, the learned Public Prosecutor to play the video recording of the victim giving statement to the Police, took time for further examination and her further examination was conducted on 11/11/2021. Thereafter the victim was treated hostile by the prosecution and she was cross-examined by the Public Prosecutor. The defence prayed for time to cross-examine the victim, which prayer was rejected by the trial court and application filed under Sec. 311 of Cr.P.C. to recall P.W.1 for crossexamination was rejected vide impugned order dtd. 1/9/2022.