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IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
Selvam @ Mariselvam – Appellant
Versus
The State – Respondent
| Table of Content |
|---|
| 1. petition to recall victim for cross-examination. (Para 1 , 2 , 3) |
| 2. arguments concerning the right to fair trial. (Para 4 , 5) |
| 3. victim and accused rights in pocso cases. (Para 6 , 7 , 9 , 10 , 12 , 13 , 16) |
| 4. formal ruling allowing cross-examination. (Para 19) |
ORDER
This Criminal Original Petition is filed as against the order passed by the learned Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli in CrMP No.3525 of 2023 in SplCC No.314 dated 12.01.2024 rejecting the application filed by petitioner to re-call the victim for cross examination.
2.The petitioner is facing trial for the offences under Section 366 (A) of IPC and Section 6 of POCSO Act, 2012 . The allegations against the petitioner are that he being a distant relative of the victim (aged 16 years at the time of occurrence) frequently interacted with the victim and lured her with promise of marrying her. On the date of the incident, through phone he forced her to leave work and took her to various places and sexually assaulted the victim. Charges were framed against the petitioner and PW 1 (mother of the victim) and PW 2 (the victim) were examined in chief on 17.11.2021. Though the petitioner
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