DAMODARAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed praying to set aside the order dated 21.05.2018, passed by the learned Sessions Judge, Mahila Court, Chennai in Crl.M.P.No.7906 of 2016 in S.C.No.226 of 2016.

(2.) Heard the learned counsel for the petitioner and the learned Government Advocate [Crl. Side] appearing for the respondent.

(3.) On the complaint lodged by Regina Mary that her six year old daughter[x] was sexually abused by the petitioner herein, the respondent Police registered a case in Crime No.9 of 2015 and after completing the investigation, have filed a final report and trial in S.C.No.226 of 2016 is pending on the file of the Mahila Court, Chennai for various offences under POCSO Act. Charges were framed against the petitioner/accused and the prosecution witnesses were examined. The victim girl-x was examined as PW2 on 09.02.2017. She was not cross-examined by the accused. The prosecution examined 11 witnesses, who were not cross-examined by the accused. After 1 years, the accused filed Crl.M.P.No.7906 of 2018 in S.C.No.226 of 2016 under Section 311 Cr.P.C. to recall PW1 to PW11, which has been partly allowed by the trial Court. Challenging which, the accused is before this Court.