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N. ANAND VENKATESH
Vigneshwaran – Appellant
Versus
State Rep. by the Inspector of Police, A. W. P. S. Perur, Coimbatore – Respondent
JUDGMENT :
(Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records dated 19.02.2024 in Crl MP No.1562 of 2023 in Spl SC No.82 of 2023 before the Hon'ble Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore and set aside the same.)
1. This petition has been filed challenging the order passed by the Court below dismissing the application filed in Crl MP No.156 of 2023 under Section 311 of Cr.PC to recall PW1 for cross examination.
2. Heard Mr.R.Radha Pandian, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for respondent.
3. The petitioner is undergoing trial before the Court below for offence under Section 3 (A) R/W 4(2) of POCSO Act, 2012 and Section 506(i) of IPC. The prosecution examined the victim child as PW1 and the parents of the victim boy as PW2 and 3. PW1 was examined in chief on the side of the prosecution on 02.11.2023. On that day, the child was not cross examined and hence, the evidence of PW1 was closed. Thereafter the case was adjourned to 27.11.2023. The case was thereafter posted on 04.12.2023 and on that day, the parents of the victim c
The court emphasized the possibility of recalling a child witness for cross-examination under the POCSO Act in appropriate cases, despite the restriction under Section 33(5), based on valid reasons a....
The court affirmed that recall of witnesses under Section 311 Cr.P.C. must serve a valid purpose and the previous opportunities for cross-examination were adequate, aligning with the protective manda....
Advocate boycott justifies recall of child victim witnesses for cross-examination under Section 311 CrPC in POCSO cases despite Section 33(5).
Prompt recall application under BNSS Section 348 allowed despite POCSO Section 33(5) for ends of justice, limited to one chance.
The court emphasized the importance of fair cross-examination rights under Section 311 of the Cr.P.C.
Fair trial is a fundamental right which is guaranteed under Article 21 of Constitution of India – Delay should be curtailed but that does not mean Court should allow cross-examination without giving ....
Counsel's unavailability does not justify recalling child victim under POCSO Act to override statutory trauma protection.
Abuse of process in legal proceedings; reiteration on witness recall standards.
A court may refuse to recall a witness for cross-examination if the application is made after significant delays, particularly under special legislation designed to protect vulnerable witnesses of ch....
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