Dated this the 3rd day of April, 2024 The accused in S.C.No.1306/2021 on the files of the Special Court Fast Track-I, Perinthalmanna has filed this criminal miscellaneous case under Section 482 of the Code of Criminal Procedure, 1973 , challenging Annexure A2 order, whereby the prayer sought for by the petitioner to re-call PW1 to prove Ext.D6 letter, alleged to be written by PW1 along with her sister, which, in fact, tendered in evidence in connected S.C.No.1232/2021.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. The learned counsel for the petitioner argued that along with this case, S.C.No.1232/2021 also have been tried simultaneously and in S.C.No.1232/2021 PW1 was re-called for confronting Ext.D6.

4. The learned Public Prosecutor pointed out the bar under Section 33 (5) of the Protection of Children from Sexual Offences Act , which provides that the Special Court shall ensure that the child is not called repeatedly to testify in the court, while justifying the order of the Special Judge.

5. To be on the matter in issue, two cases simultaneously tried and in one case, PW1 was re-called in relation to Ext.D6 even though the lear