ANBARASAN Vs. STATE

JUDGEMENT

(1.) The Criminal Original Petition has been filed to set aside the order dated 01.10.2019 passed by the learned Sessions Judge, Mahila Court, Pudukkottai in Cr.M.P.No.607 of 2019 in Spl.S.C.No.25 of 2018 and permit the petitioner to recall the witness PW2/Victim girl, for cross examination.

(2.) The petitioner is the first accused in Spl.S.C.No.25 of 2018 pending on the file of the learned Sessions Judge, Mahila Court, Pudukkottai facing trial for the offence Under Sections 9(f), 9(m), 9(1), 10 and 17 of Protection of Child from Sexual Offences Act, 2012 and Section 506(i) of IPC.

(3.) The petitioner had filed a petition in Crl.M.P.No.607 of 2017 in Spl.S.C.No.25 of 2018 seeking to recall the witnesses P.W.1, P.W.2, P.W.18, P.W.20, P.W.21 and P.W.22 for cross examination. The learned Sessions Judge, Mahila Court, Pudukkottai, by order dated 01.10.2019, partly allowed the petition and permitted the petitioner to recall the witnesses P.W.1, P.W.18, P.W.20, P.W.21 and P.W.22 and dismissed the petition in respect of P.W.2/victim girl. The court below had dismissed the application in respect of P.W.2 on the ground that P.W.2 / victim girl was already examined by the Court below and that as per Section 33(5) of POCSO Act, 2012, the victim girl cannot be recalled repeatedly to testify in the Court.