The court emphasized the right to a fair trial and allowed the petitioner to cross-examine witnesses while restricting further adjournments.

ORDER

This Criminal Original Petition is filed to set aside the order passed in Cr.MP.No.591/2025 in S.S.C. No. 162/2025 dated 23.01.2026 on the file of the Principal Special Court for Exclusive trial of cases under POCSO Act, Thanjavur and allow the petitioner to cross-examine the PW1 to PW5.

2. Learned counsel for the petitioner submitted that the petitioner is the sole accused in the pending trial in S.S.C.No.162/2025 dated 23.01.2026 on the file of the Principal Special Court for Exclusive trial of cases under POCSO Act, Thanjavur. The petitioner filed a petition under Section 348 of BNSS, seeking to recall PW-1 to PW-5 for cross examination. However, the same was dismissed. Challenging the same, this Criminal Original Petition is filed.

3.The learned Additional Public Prosecutor submitted that the pending trial case is one under POCSO Act for 5 counts. The petitioner is a Maths Teacher in a school where 5 students / victims were sexually assaulted several times, following which the petitioner was also detained under Goondas Act. The petitioner had filed HCP(MD)No.26 of 2025 before this court and this court by order dated 27.10.2025, directed the trial court to list the case by the first week of November 2025 after framing of charges, on 29.10.2025 for recording the evidence of victim children both in chief examination and cross examination. On receipt of the said order, the learned trial court had framed charges on 04.11.2025 and fixed trial date on 06.11.2025 in consultation with both the sides for examination of the victim children who were listed as LWs.5 to 9. On 06/11/2025, the prosecution examined LW 5, 6, 7 and 8 as PW.1 to 4 in chief. The LW 9, that is the 5th victim child, was not produced on the said date and therefore the defer petition was filed on the side of the petitioner. The same was considered and the learned trial court had allowed the said petition to cross examine the victims in Crl.MP.No.541 of 2025 on payment of cost of Rs.3,000/- to each witness and adjourned the case to 07.11.2025. On 07.11.2025, the prosecution has produced the LW.9 who is the 5th victim child and examined her as PW 5 in chief. However, the petitioner filed defer petition in Crl.MP.No.542 of 2025 for cross examination and the same was allowed considering the nature of the defence and the nature of offence on payment of cost of Rs.3000/- to PW 5 which was adjourned on 11.11.2025. However, on 11.11.2025, P.W.1 to P.W.5 were not produced by the prosecution and the case was further adjourned to 12.11.2025. On 12.11.2025, the prosecution produced PW.1, PW.2 and PW 3 which opportunity was not duly utilised by the counsel for the petitioner who sought adjournment, citing his illness. Since the said reason was not accepted by the learned Trial Court, trial court recording that the petitioner had failed to cross examine PW.1 to PW 3, closed the evidence of PW.1 to P.W.3 and adjourned the same to 14.11.2025 for cross examination of PW.4 and PW.5. When the prosecution produced PW.4 and PW.5 on 14.11.2025, the junior counsel of the petitioners counsel represented that the senior counsel is still suffering in fever and sought for adjournment. Since the same was not accepted by the trial court, the evidence of P.W.4 and P.W.5 was closed and thereafter summons was issued to LW.1 who was the de-facto complainant. By that stage, the present petition was filed by the petitioner before the learned trial Court. However, the learned trial court on following strictly mandates of Section 33(5) of POCSO Act, recording that a victim child shall not be repeatedly called to testify before the trial court, had dismissed the petition by the impugned order observing that PW.1 to PW.5 have already a