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THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA, J
MR. SUDARSHAN S/O SRI. SHIVAPPA – Appellant
Versus
STATE BY KUMSI P.S. – Respondent
| Table of Content |
|---|
| 1. details surrounding the victim's testimony and the need for further examination. (Para 3 , 4) |
| 2. court's interpretation of the powers under section 311 and the necessity for justice. (Para 6 , 7 , 8 , 9) |
| 3. conclusion allowing for cross-examination with strict conditions. (Para 10 , 11) |
ORAL ORDER
The petitioner is before this Court calling in question an order of the concerned Court dated 24.11.2025, by which, an application filed under Section 348 of the BNSS comes to be rejected. The petitioner sought recalling of PW.2 - the victim for further cross-examination.
2. Heard Sri. H. Muniswamy Gowda, learned counsel appearing for the petitioner and Sri. K. Nageshwarappa, learned HCGP appearing for respondent No.1.
3. Facts in brief, germane, are as follows:
The second respondent registers a complaint on 28.01.2023 for offences punishable under Sections 376(2)(f) and 376(2)(n) of the IPC read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short). The police, after investigation, file a charge sheet and the matter is now pending before the Special Court in Spl.C. No.137/2023. The issue in the lis does not pertain to the merit of
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