O R D E R

The first accused in S.C.No.588/2020 on the files of the Fast Track Special Court, Tirur has filed this petition under section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, aggrieved by the refusal of the said court to reopen the evidence in that case for the further cross-examination of the victim child who was examined as PW2. The offences alleged in that case are under Sections 342, 367 and 377 IPC, and Sections 3(c), 4, 11(vi) & 12 of the Protection of Children from Sexual Offences Act, 2012 (stated hereafter as ‘the Act’ for the sake of convenience) and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

2. At a time when the said case stood posted for hearing, after completion of prosecution and defence evidence, the petitioner had moved an application to reopen the evidence for recalling and further cross-examine PW2. The reason stated was that, after a thorough study of the evidence adduced by the