SHIVANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Sec. 482 of Cr.P.C., for setting aside the order passed by the Addl. Dist. & Sessions Court - FTSC-I (POCSO) Kalaburagi on 23/2/2023 in Special Case (POCSO) No.13/2023 for having dismissed the application under Sec. 311 of Cr.P.C.

(2.) Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that on the complaint of respondent No.2, the police have filed the charge-sheet against the petitioner for the offences punishable under Sec. 363, 344, 376(2)(n) of IPC and Ss. 4 and 6 of POCSO Act, 2012. The charges were framed, trial was started. The victim was examined as PW.1. Thereafter the prosecution examined some other witnesses. During the pendency of the trial, the petitioner filed application under Sec. 311 of Cr.P.C. to recall PW.1 for the purpose of further cross-examination, which came to be rejected. Hence, he is before this Court.