VETRI Vs. STATE

JUDGEMENT

(1.) The present Criminal Original Petition has been filed seeking to set aside the order passed by the learned Sessions Judge, Fast Track Court, Tiruvarur, dtd. 13/3/2025, in Crl.M.P.No.1 of 2025 in Spl.S.C.No.4 of 2021, dismissing the petition filed by the petitioner under Sec. 311 Cr.P.C (corresponding to Sec. 348 of BNSS).

(2.) The brief facts of the case are as follows :-

(3.) Learned counsel appearing for the petitioner submitted that since the petitioner was not given a proper legal assistance, the trial Court had engaged the services of the District Legal Services Authority, Tiruvarur and a Legal Aid Counsel representing the petitioner had filed the petition to recall witnesses PW1 to PW14. However, the trial Court had dismissed the petition without considering the reasons put forth by the petitioner. She further submitted that the petitioner/accused is facing trial for serious offences under POCSO Act and that the presumption under Sec. 29 of the Act operates against the petitioner. Therefore, if the petitioner is not given a chance to rebut the presumption against him by cross-examining the witnesses, it will be putting him to a great predicament. Hence, she prayed to set aside the order dtd. 13/3/2025.