JERIN JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, to quash Annexure A6 order in Crl.M.P. No.66/2024 in S.C. No.63/2023 pending before the Fast Track Special Court for Protection of Children from Sexual Offences Act (hereinafter referred as 'POCSO Act' for short) Cases, Adoor.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Perused the order impugned and judgment placed by the learned counsel for the petitioner, viz; Vineeth v. State of Kerala [2022 KHC OnLine 8065 : 2022 KHC 8065 : 2022 KER 71422 : 2022 LiveLaw (Ker) 656 : 2023 (1) KLT 135 : 2022 (6) KLT OnLine 1052].

(3.) It is argued by the learned counsel for the petitioner that, few questions which were material, omitted to be asked during cross-examination of PW1 sought to be put to PW1 by recalling her. The prayer in Crl.M.P. No.66/2024 is that, those six questions permitted to be put to PW1, by recalling PW1. The decision reported in Vineeth's case (supra) has been placed to contend that the bar under Sec. 33(5) of the POCSO Act is not absolute and in an appropriate case, if it is necessary for the just decision of the case, of course the child witness could be recalled. In paragraph No.6 of the above decision, this Court held as under: