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IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.PUGALENDHI, J
Ashok Kumar – Appellant
Versus
State of Tamil Nadu, Rep. by the Inspector of Police, Uthirakosamangai Police Station, Ramanathapuram District. – Respondent
| Table of Content |
|---|
| 1. petition for recalling witness due to ineffective legal aid representation. (Para 1 , 17 , 18) |
| 2. accused's rights in trial. (Para 3) |
| 3. rights of vulnerable witnesses must be protected while allowing cross-examination. (Para 5 , 7 , 12) |
| 4. victim protections in pocso cases. (Para 9) |
| 5. fair trial involves balancing rights of accused and dignity of victims. (Para 15 , 19 , 20) |
ORDER
The petitioner is the sole accused in Spl.S.C.No.56 of 2021 on the file of the Fast Track Mahila Court, Ramanathapuram, for the offence under Sections 363, 365 and 366(A) IPC and Sections 3, 4, 5(l) and 6 of Protection of child from sexual offences Act, 2012. He has filed a petition under Section 348 BNSS before the trial Court in Cr.M.P.No.374 of 2025 to recall the witnesses, namely, P.W.2, P.W.3, P.W.4, P.W.5, P.W.9 and P.W.10. The trial Court, by its order dated 09.05.2025, dismissed the said petition.
Aggrieved over the same, the petitioner has filed this petition.
2. The learned counsel appearing for the petitioner submits that the earlier cross examination was made by a Legal Aid Counsel, who has not conducted the trial effectively. Therefore, the petitioner has engaged a new counsel an
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