BASAWARAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused has filed this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, ' Cr.P.C .') praying to quash the order dtd. 10/2/2023 passed by the District and Sessions Judge and Special Court in Special Case No.110 of 2019 and consequently, to allow the application filed under Sec. 311 of the Cr.P.C. to recall P.W.1 for cross-examination.

(2.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1-State.

(3.) Learned High Court Government Pleader has orally objected for the application and contended that as per Sec. 33(5) of the Protection of Children from Sexual Offences Act, 2012, (for short, 'POCSO Act'), the victim cannot be called again and again for cross-examination.