S. NAGARJUNA Vs. STATE

JUDGEMENT

(1.) The prayer sought for in the present petition is to set aside the order dated 01.10.2019 passed in Crl. M.P. No. 18298 of 2019 in S.C. No. 83 of 2018 on the file of learned Sessions Judge, Mahila Court, Chennai.

(2.) By relying upon Section 33(5) of the Protection of Children from Sexual Offence Act, the Trial Court had rejected the petitioner's complaint under Section 311 Cr.P.C., stating that the victim child should not be repeatedly called to justify in the Court.

(3.) It is the submission of the learned counsel for the petitioner that pending the criminal proceedings, the victim had attained majority and is now living with the petitioner, after their marriage. In order to bring out certain statements from the victim girl in connection with their matrimonial life, the petitioner intends to examine her in chief. Though the act specifies that the victim girl should not be repeatedly called to justify in the Court under exceptional circumstances, such an opportunity can be given to the petitioner for the purpose of cross examination.