S. ABIS CHANDRAN Vs. STATE REPRESENTED

JUDGEMENT

(1.) The petitioner who was a juvenile in conflict with law on the date of the occurrence was charged under Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 and has filed the present petition to set aside the orders passed by the Juvenile Justice Board in Crl.M.P.No.3 of 2020 in JC.No.137 of 2018 on the file of the Juvenile Justice Board, Madurai.

(2.) During the course of trial, the prosecution examined 5 witnesses on various dates from 14.10.2019 to 16.12.2019 and the counsel who appeared for the petitioner / juvenile was present at the time of examination of the witnesses in chief and represented that there is no cross examination on the side of the defence. However, subsequently, the petitioner / juvenile filed a petition under Section 311 of the Code of Criminal Procedure to recall PW2 in Crl.MP(MD)No.3 of 2020. The Juvenile Justice Board vide its order dated 27.11.2020 dismissed the said petition on the ground that though the counsel for the Juvenile was present on the date when the witnesses were examined on the side of the prosecution, did not choose to cross examine them and that no valid reason was assigned by the petitioner / juvenile for recalling PW2. Aggrieved over the same, the petitioner/accused has filed the present petition.

(3.) Mr.A.Robinson, learned Government Advocate (Criminal Side) appearing for the respondent would contend that the petition to recall PW2 was filed by the petitioner without any valid reason and therefore, the same is liable to be dismissed.