RAMESH Vs. STATE

JUDGEMENT

(1.) The petitioner is before this Court calling in question an order dtd. 16/10/2023 by which the concerned Court rejects the application filed by the petitioner seeking recall of PW.2 for further cross-examination.

(2.) Heard the learned counsel Sri.H.C.Natraj, appearing for the petitioner and the learned High Court Government Pleader Sri.Harish Ganapathi, appearing for the respondent.

(3.) The petitioner gets embroiled in a crime in Crime No.50/2020 for offences punishable under Ss. 363, 366A, 376(2)(n) of the IPC. The issue in the lis does not concern the merit of the matter before the concerned Court. During the conduct of the trial, it transpires that the petitioner files an application under Sec. 311 Cr.P.C., on 27/12/2022 seeking recall of the victim i.e., PW.2 for further cross-examination. The concerned Court, by the impugned order rejects the application on the score that repeated calling of the victim is not permissible in law and therefore, relying on certain judgments rendered by the Apex Court, the application comes to be rejected. The rejection of the application is what has driven the petitioner to this Court in the subject petition.