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2024 Supreme(Ker) 438

A. BADHARUDEEN
Jerin Joy S/o Joy – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Roshen D. Alexander, Tina Alex Thomas, Harimohan, Kamal Roy M.
For the Respondent: Renjith George.

 

1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A6 order in Crl. M.P. No. 66/2024 in S.C. No. 63/2023 pending before the Fast Track Special Court for Protection of Children from Sexual Offences Act (hereinafter referred as ‘POCSO Act’ for short) Cases, Adoor.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Perused the order impugned and judgment placed by the learned counsel for the petitioner, viz. Vineeth vs. State of Kerala, 2022 KHC Online 8065 : 2022 KHC 8065 : 2022 KER 71422 : 2022 Live Law (Ker) 656 : 2023 (1) KLT 135 : 2022 (6) KLT Online 1052.

3. It is argued by the learned counsel for the petitioner that, few questions which were material, omitted to be asked during cross-examination of PW-1 sought to be put to PW-1 by recalling her. The prayer in Crl. M.P. No. 66/2024 is that, those six questions permitted to be put to PW-1, by recalling PW-1. The decision reported in Vineeth’s case (supra) has been placed to contend that the bar under Section 33(5) of the POCSO Act is not absolute and in an appropriate case, if it is necessary for the just decisio

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