JUDGMENT

The petitioner/accused in Spl.S.C.No.254 of 2023 [Old Spl.S.C.No.21 of 2023 on the file of Fast Track Mahila Court at Dharmapuri] was convicted by the learned Sessions Judge, Special Court to deal with cases related to POCSO Act, Dharmapuri, by judgment dated 05.03.2024 and sentenced to undergo 20 years Rigorous Imprisonment and to pay a fine of Rs.25,000/-, in default, to undergo one year Simple Imprisonment, for the offence under Sections 5(m), 5(n) r/w. 6(1) of Protection of Children from Sexual Offices Act [POCSO Act]. Against which, the present appeal.

2. Mr.S.Shanmugavelayutham, the learned senior counsel appearing for the Appellant submitted that the victim was examined as P.W.2 in this case, Ex.P3/statement given to the Police and Ex.P4/164 statement marked through her. These two documents along with her evidence before the Court would not go together, but this has to be brought on record by way of cross examination. In this case, P.W.2 and some more witnesses not cross examined. Therefore, the petitioner filed a petition under Section 311 Cr.P.C. in Crl.M.P.No.1179 of 2023 to recall P.W.1 to P.W.4 and the Trial Court, by order dated 18.08.2023, permitted to recall P