LAWS(MAD)-2019-12-534

JOHN Vs. STATE OF TAMIL NADU

Decided On December 30, 2019
JOHN Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Heard the submission of the learned counsel appearing on either side.

(2.) The petitioner is facing trial in Special S.C.No.41/2017, on the file of the Sessions Judge Fast Track, Mahila Court, Dharmapuri for the offences under Sections 363, 366 IPC and Sections 6 and 5(1) POCSO Act 2012. The petitioner had not cross examined the prosecution witnesses after their chief examination. The petitioner had filed Crl.M.P.No.504 of 2019 for recalling them. The Court below has allowed the Recall Petition, as regard P.W.s. 2 to 5, on payment of cost. However, the Recall Petition in respect of P.Ws.1 and 6 was dismissed. P.W.1 is the mother of the victim and P.W.6 is the victim herself.

(3.) The learned counsel appearing for the petitioner points out that P.W.6/victim is presently aged about 20 years.