CHRISTOPHER Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition is filed aggrieved by the Orders passed in Crl.M.P. No.4081 of 2022 in Spl.C.C. No.46 of 2020 on the file of the Special Court for POCSO cases, Tirunelveli, dtd. 8/2/2023, under Sec. 311 of the Code of Criminal Procedure, in part.

(2.) According to the Petitioner, the Petitioner/Accused was charged in Spl.C.C. No.46 of 2020 registered against him for the offences under Ss. 9(m) & 10 of the Protection of Children from Sexual Offences, or POCSO (Amendment) Bill, 2019 (hereinafter referred to as "POCSO Act"). During the course of trial, the Petitioner/Accused could not cross-examine PWs.1 to 3 including the Victim He has filed Cr.M.P. No.4081 of 2022 alleging that on 25/11/2022, when PWs.1 to 3 were examined in chief, his Counsel, who had to cross-examine the Witnesses was admitted in the Hospital with viral fever and that his Junior Counsel, who was present in the Court has requested the Court to adjourn the case to another date to accommodate his Senior Counsel to cross-examine the Witnesses. However, the Trial Court has declined to consider the request of the learned junior Counsel. Subsequently, the Petitioner filed an Application in Cr.M.P. No.4081 of 2022 seeking to recall PWs.1 to 3 and same was allowed in part, permitting the Petitioner/Accused to cross-examine PWs.1 & 3, who are the parents of the Victim however declined to recall PW2, who is the Victim. Aggrieved by the same, the present Criminal Original Petition is filed.

(3.) Heard both sides and perused the records.