HARISH Vs. STATE OF KARNATAKA

JUDGEMENT

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

(2.) The petitioner-accused after cross-examining the PW.1 and PW.10, filed an application under Sec. 311 of Cr.P.C. for further cross-examination to clarify the suggestions made in the cross-examination of the said witnesses. The learned Sessions Judge rejected the said application on the ground that the victim cannot be repeatedly summoned for cross-examination.

(3.) Though sub-sec. (5) of Sec. 33 of the Protection of Children from Sexual Offences Act, 2012 specifies that the Special Court shall ensure that the child is not called repeatedly to testify in the court, however, having regard to the facts and circumstances of the case, the petitioner is entitled for recalling of PW.1 and PW.10 for further cross-examination, so as to clarify the suggestions made in the cross-examination, otherwise the petitioner-accused will be deprived of a fair trial. Accordingly, I pass the following: