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A. BADHARUDEEN
Xxx – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
(A. Badharudeen, J.) :
This Criminal Miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure by the sole accused in S.C No.373/2022 on the files of the Special Court, Devikulam for the trial of offences under the Protection of Children from Sexual Offences Act, (for short, POCSO Act) challenging Annexure-VI order, whereby the learned Special Judge dismissed an application filed by the petitioner/accused to recall and re-examine PW2.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the order impugned and the decisions placed by the learned counsel for the petitioner while canvassing interference in Annexure-VI order.
3. To be on the facts of this case, the prosecution alleges commission of offences punishable under Sections 354, IPC read with 7 and 8 of the POCSO Act, by the accused, as born out from Annexure-VI order. In this matter evidence was completed. Thereafter, the petitioner herein filed C.M.P No.191/2023 under Section 311 Cr.P.C with prayer to recall PW2 for the purpose of confronting the 164 statement recorded in the present crime and also another statement recorded during the investig
Statements recorded during a police investigation are admissible for the limited purpose of contradicting a witness during cross-examination to test their credibility, a process which cannot be prohi....
The court upheld the trial court's decision to deny the recall of a child witness, emphasizing the need for effective prior cross-examination and adherence to statutory restrictions under the POCSO A....
Recall of child witness – Bar under Section 33(5) of POCSO Act is not absolute.
The court ruled that a witness cannot be recalled to confront them with subsequent statements for impeachment, as only previous statements are permissible under the Evidence Act.
The legal principle established is that the bar under Section 33(5) of the POCSO Act is not absolute, and recalling of a child witness is permissible if necessary for the just decision of the case, b....
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