ORDER :

B.V.Nagarathna, J.

As per the special order of Hon'ble the Chief Justice dated 12.01.2021, this Bench has been constituted to consider the Reference made by the learned single Judge of this Court under the provisions of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act", for the sake of brevity) and Section 164 and other provisions of the Code of Criminal Procedure, 1973 (“Cr.P.C.,” for short). Although the petitions have been dismissed, nevertheless, learned single Judge has made a Reference to a Division Bench in the following terms:

"26. At this juncture, it is brought to the notice of this Court that when already the co-ordinate Bench in the case of Vinay Vs. State of Karnataka, rep. by Special PP, (supra) and other two co-ordinate Benches have taken a different view and this Court is taking a different view, then under such circumstances, the matter has to be referred to the Larger Bench to consider the aspect of laying down the law. In that light, I am of the considered opinion that the matter requires to be referred to the Larger Bench to consider the following issues:

(i) Whether the evidence which has been recorded under S