ORDER

Dated : 19th November, 2021

1. This Crl.M.C. has been filed against the order dated

06.03.2021 in CMP No.17/2021 in S.C.No.347/2019 of the Fast Track Special Judge, Kozhikode.

2. Petitioner is the sole accused in S.C.No.347/2019 which has been registered for the offences punishable u/s.376(2)(f)(i) of IPC and Section 3 (a) r/w. Section 4 , Section 5 (i), 5(m) and 5(n) r/w. Section 6 of POCSO Act, 2012 .

3. According to the learned counsel for the petitioner, prosecution witnesses except the investigating officer have already been examined. CMP No.17/2021 has been filed by the accused under Section 311 Cr.P.C. for recalling PWs 1 and 2 victim and her mother. By by the impugned order the learned Special Court dismissed the petition. Aggrieved by the same, he came up before this court.

4. Notice was issued to the respondent and leanred Public Prosecutor appeared for the respondent – State.

5. Heard both sides.

6. Copy of the impugned order has been produced as Annexure A1. It would go to show that Section 311 petition has been filed by the petitioner alleging that during examination of PWs 1 and 2 accused failed to give instruction to his advocate regarding some of the questions t