C. VIJAY Vs. STATE

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Special Court, dismissing the application filed by the petitioner under section 311 of the Code of Criminal Procedure, 1973 to recall and further cross-examine PW1 to PW10.

(2.) The petitioner is facing trial before the Special Court for an offence under Sections 6 and 10 of the POCSO Act. The prosecution had examined ten witnesses and the counsel representing the petitioner had also cross-examined those witnesses. However, the petitioner claims that certain important questions have not been put to the witnesses in the course of cross-examination and therefore, the petitioner wants to recall the witnesses for further cross-examination. This petition has been dismissed by the Court below by an order dated 25.10.2018.

(3.) The learned Senior Counsel appearing on behalf of the petitioner would fairly concede that PW4, PW5 and PW6 are the victim girls and therefore, the petitioner is not pressing for recalling them in view of the bar contained under Sec. 33(5) of the POCSO Act.