PERIYASAMY Vs. STATE

JUDGEMENT

(1.) CHALLENGING the order dated 07.04.2015, in Cr.M.P. No. 71 of 2015, on the file of Mahila Court, Dindigul, dismissing the application filed by the petitioner under Section 311 of Code of Criminal Procedure, insofar as P.W.1 is concerned, the petitioner has come forward with the present petition.

(2.) HEARD both sides.

(3.) THE learned counsel for the petitioner would further submit that the child witness, who is aged about 7 years now, is the daughter of the petitioner and there is a strained relationship between spouses and because of which, a false case has been foisted against the petitioner and on completion of investigation, the trial is going on. At the time of cross -examination of P.W.1 - the victim girl, some vital questions are not posed to her and hence, he wants to recall the said witness and to prove his defence, he has also got some documents in his possession. Hence, he prayed for setting aside the impugned order.