ORDER :

In this Crl.M.C., filed under Section 482 Cr.P.C., the petitioner challenges the order dated 31.01.2023 in Crl.M.P.No.53 of 2023 in S.C.No.694/2021 (Annexure-II) passed by the Fast Track Special Judge, Haripad.

2. The petitioner is accused No.3 in the Sessions Case. He faces charges under Sections 450 and 376 of the Indian Penal Code, Sections 4, 3, 6, 5(i), 6, and 5(q) of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') and Section 75 of the Juvenile Justice (Care and Protection) Act, 2015.

3. The Court below has been proceeding with the trial of the case. The lawyer appearing for accused Nos.4 and 5 had also been appearing for the petitioner/accused No.3. The role of the petitioner is stated to be different from that of accused Nos.4 and 5. When the examination of PW1, the victim, and her mother (PW2) was completed, the petitioner engaged a new lawyer, who informed him that certain contradictions in the evidence of PW1 were not brought on record for which an application under Section 311 Cr.P.C. is to be filed.

4. The petitioner filed application under Section 311 Cr.P.C. and prayed for recalling PW1, the victim.

5. The Court below rejected