SHIJU KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Can the powers under Sec. 311 Cr.P.C (Sec. 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023) be invoked for recalling and subjecting the victim of a rape and POCSO offence to further cross-examination, for changing her evidence in consonance with a compromise entered with the accused during the course of trial of that case? This is the crux of the matter to be resolved in this case.

(2.) The petitioner is the accused in S.C No.517/2024 on the files of the Fast Track Special Court-II, Thrissur who faces criminal prosecution for the commission of offence under Ss. 376, 323 and 506 I.P.C and Ss. 4 r/w 3(a) and 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The prosecution case is that the petitioner committed penetrative sexual assault upon a minor girl at a hotel room in Thrissur, while she was being taken back to her house from a film shooting location, in the wee hours of 18/1/2023. In the trial before the Special Court, 28 witnesses were examined from the part of the prosecution as PW1 to PW28, among whom, the victim girl was PW1. At a time when the case stood posted for examination of the Investigating Officers, the accused managed to get the case compromised with the victim, and approached this Court by filing Crl.M.C No.9553/2024 for quashing the criminal prosecution against him.