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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Sathishkumar – Appellant
Versus
State of Tamil Nadu, Rep. by its The Inspector of Police, Colachel All Women Police Station, Colacehl, Kanniyakumari District. – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of application to cross-examine witnesses. (Para 1) |
| 2. arguments presented for both parties regarding cross-examination. (Para 2 , 3) |
| 3. observations on fairness and procedural justice. (Para 4 , 5 , 6) |
ORDER
The present petition has been filed by the sole accused in Spl.S.C.No.40 of 2022 on the file of the Special Court for the POCSO Offence Cases/Special Sessions Judge, Kanniyakumari District at Nagercoil, challenging the order dated 05.02.2026 passed in Crl.M.P.No.28 of 2026 in Spl.S.C.No.40 of 2022 by the Special Court for the POCSO Offence Cases/Special Sessions Judge, Kanniyakumari District at Nagercoil, wherein the application of the petitioner under Section 311 of Cr.P.C., for cross examination of P.W.19 and P.W.20 has been dismissed.
2.According to the learned counsel appearing for the petitioner, all other witnesses have been cross examined promptly by the petitioner. But P.W.4 was not cross examined and on filing an application under Section 311 of Cr.P.C., the same was allowed and thereafter, P.W.4 was also cross examined. He further submits that P.W.19 was chief examined on 18.12.2025 and due to illness on the part of the counsel,
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