ORDER 1

The petitioner/accused in Special C.C.No.407 of 2019 before Additional City Civil and Sessions Judge, FTSC-II, Bengaluru arising out of Crime No.1 of 2019 registered for offences punishable under Sections 376 and 506 of the IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (‘the Act’ for short) is before this Court calling in question order dated 07-04-2022 rejecting the application filed by him under Section 311 of the Cr.P.C. for recalling of PW-1 for further cross-examination.

2. Heard Sri. Syed Muzakkir Ahmed, learned counsel appearing for the petitioner and Smt. K.P. Yashodha, learned High Court Government Pleader for the respondent.

3. Facts in brief that are germane for consideration of the present lis are as follows:—

The complainant is the mother of the victim and the petitioner is the son of her husband’s elder sister and are thus, members within the same family. In the month of April, 2018, it is alleged that, when the parents were not at home, the petitioner had indulged in certain acts on the daughter of the complainant which became an offence punishable under the provisions of the Act. The petitioner also alleged to have