KRISHNA MURTHY Vs. STATE

JUDGEMENT

(1.) Petitioner is before this Court calling in question an order dtd. 5/4/2023, by which the concerned Court declines to accede to the request of the petitioner for further cross- examination of P.W.1, the victim, in Special Case No.29 of 2022.

(2.) Heard Sri. Prakasha K.V., learned counsel appearing for petitioner and Sri. Mahesh Shetty, learned High Court Government Pleader appearing for respondent No.1.

(3.) The facts in brief germane are as follows: A crime comes to be registered in Crime No.338 of 2021 against the petitioner for offences punishable under Ss. 366-A, 376, 34 of the IPC, Ss. 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short) and Ss. 9, 10 and 11 of the Child Marriage Act. The issue is not concerning the merit of the matter. In the said proceeding, petitioner files an application under Sec. 311 of the Cr.P.C., seeking recall of the victim for further cross- examination. The application was filed seeking recalling of 3 witnesses, PWs.1, 2 and 4. The concerned Court permits further cross-examination of P.Ws.2 and 4, but declines to accede to the application seeking further cross-examination of the victim on the ground that the victim cannot be repeatedly called for cross-examination. It is this order that drives the petitioner to this Court in the subject petition.