S. GANESHAN Vs. STATE

JUDGEMENT

(1.) This Court by order dtd. 22/2/2022, had dismissed this petition. However, before signing, this Court sought for some clarification with regard to the age of PW2 as of today. Thereby, this case stands posted today. This petition has been filed seeking to set aside the order passed by the Special Court for Exclusive Trial of Offnces under POSCO Act in Crl.M.P.No.953 of 2021 in Spl.C.C.No.21 of 2019 dtd. 4/12/2021 dismissing the petition filed to recall PW1 to PW12.

(2.) Learned counsel for the petitioner would submit that the petitioner is an accused facing trial for the offence under Sec. 366 of I PC, Sec. 5(l) read with Sec. 6 of the POCSO Act, 2012 and under Sec. 9 of the Prohibition of Child Marriage Act 2006. There are 12 witnesses in this case and the petitioner had cross examined all the witnesses, excepting PW2/Victim and doctors viz., PW7 and PW8. The petitioner had changed the counsel now and since the earlier Advocate was not instructed properly, certain vital questions were left out to the witnesses, the petitioner had filed the present petition seeking to recall the witnesses, after the appointment of new counsel.

(3.) Learned counsel for the petitioner would further submit that the Trial Court relied on the decisions of the Hon'ble Supreme Court in Vinod Kumar Vs State of Punjab reported in 2015 (3) SCC 220 and also in the case of State NCT of Delhi Vs Shir Kumar Yadav reported in (2016) 2 SCC 402, and had dismissed the petition holding that change of counsel cannot be a ground to recall the witnesses.