SHIVAKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner, who is the accused in Special Case No.84/2021 on the file of the Principal District and Sessions Judge, Chamarajanagara, is before this Court under Sec. 482 of Cr.P.C. assailing the order dtd. 15/2/2022 in rejecting the application of the petitioner for recalling PW.1 for cross- examination.

(2.) Heard Sri H.C.Shivaramu, learned counsel for the petitioner and learned HCGP. Perused the records.

(3.) It is the contention of the learned counsel for the petitioner that examination of PW.1 was completed on 29/4/2021 and the case was posted for cross-examination till 12/10/2021. When the case was posted for defence evidence, the accused noticed that PW.1 and PW.2 have not been cross- examined by his advocate. Hence, the application under Sec. 311 of Cr.P.C is filed seeking to recall PW.1 and PW.2 for cross-examination. On the ground that the victim is the minor child, the application is partly allowed by recalling PW.2 for cross-examination. It is also the submission of learned counsel for the petitioner that PW.1 is not a minor child, she is aged about 21 years and she is also married. Recalling of PW.1 for cross-examination will not impact the prosecution otherwise, the interest of the accused will be affected. Without there being any cross-examination, the petitioner cannot probabilize his defence.