MADHU NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. The Rule is made returnable forthwith at the request and by consent of the Learned Counsel for the parties. The Additional Public Prosecutor on behalf of the State and Learned Counsel appearing for the Original Complainant and the Victim waive service. The Original Complainant and the Investigating Officer are personally present in Court.

(2.) The Petitioner, by the present petition has challenged the Order dtd. 17/12/2025 (the Impugned Order) passed by the President, Children's Court for the State of Goa (the Learned Judge), in Special Case No. 36/2023. The Learned Judge, by the Impugned Order, dismissed the Petitioner's Application (the said Application) under Sec. 348 of Bharatiya Nagarik Suraksha Sanhita (BNSS) (Sec. 311 of Criminal Procedure Code) to recall the witnesses for further cross-examination.

(3.) The Petitioner is undergoing trial before the Learned Judge for the offences under Sec. 354, 376 and 506(ii) of the Indian Penal Code (IPC), Sec. 8(ii) of the Goa Children's Act, 2003 and Sec. 6 of the Prevention of Children from Sexual Offences Act, 2012 (POCSO Act). He is presently lodged in judicial custody. The Victim is now 13 years old, who is the younger daughter of the Petitioner. The allegations against the Petitioner are that the Petitioner, from 2018 till December 2019, had forcible sexual intercourse with the 12-year-old minor and has committed rape on her on several occasions. The complaint dtd. 12/4/2023 and the Victim's statement dtd. 13/4/2023 also state that there is another offence registered in the State of Karnataka against the Petitioner of rape and kidnapping.