SANKAR Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the impugned order passed in Cr.M.P.No.1721 of 2021 in Spl.C.C.No.9 of 2020 on the file of the learned Special Court for POCSO Cases, Tirunelveli and set aside the same and allow the set aside petition.

(2.) The learned counsel for the petitioner submitted that the petitioner is the accused in Spl.C.C.No.9 of 2020 on the file of the learned Special Court for POCSO Cases, Tirunelveli. He was charged for the offences under Ss. 366 (A) of IPC and Sec. 5(1), r/w 6 of POCSO Act. In this case, so far 12 witnesses have been examined. P.W.2 is the victim girl and P.W.3 is the mother of the victim girl. Even though P.W.2 and P.W.3 were examined in chief and cross-examined on 7/10/2021, in the cross examination, some important defence with regard to the contradictions that have been mentioned in the chief examination of P.W.2 and P.W.3 could not be raised. Hence, the petitioner filed an application to recall P.W.2 and P.W.3 under Sec. 311 Cr.P.C in Cr.M.P.No.1721 of 2021. By the impugned order, dtd. 13/4/2022, the learned Judge, permitted to recall P.W.3, mother of the victim girl for further cross-examination on payment of cost and with regard to the victim P.W.2, dismissed the said petition. This petition is partly allowed, on payment of cost of Rs.3,000.00 on or before 29/4/2021 and permitted to recall for further cross-examination on payment of batta and process to P.W.3 and with regard to P.W.2, the said petition is dismissed. Aggrieved by this order, this petition has been filed.

(3.) The learned Government Advocate (Criminal Side) appearing for the respondent submitted that so far, the trial Court examined P.W.1 to P.W.12 and posted the matter on 1/7/2022 for further proceedings. Already P.W.3 was permitted to recall, for further cross-examination and P.W.2 being a victim girl, in order to avoid harassment to victim girl, the petition was dismissed by the trial Court and there is no reason to interfere with the order passed by the trial Court.