QASIM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner prays to quash the order dtd. 9/12/2022 passed in SPL.C.C.No.1/2022 on the file of the Additional District and Sessions Judge, FTSC-II (POCSO) D.K., Mangaluru.

(2.) The trial Court rejected the application filed by the petitioner under Sec. 311 of the Cr.P.C., wherein, the petitioner herein sought to recall PW-1 for further cross-examination. The trial Court, while rejecting the order observed the following:

(3.) The learned counsel for the petitioner submits that the reason assigned by the trial Court would cause injustice to the accused / petitioner to have his fair trial. Due to the changed circumstances, recalling of victim is essential and also necessary to discredit the credibility of witnesses. The cross-examination though availed, after examination of all the witnesses, certain points are required to be asked to the victim. Therefore, the trial Court could have allowed the application and permit the petitioner herein to further cross-examine the victim. Denying such opportunity led the petitioner to approach this Court. If the order of the trial Court is not set aside, great injustice would be caused to the accused.