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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
B.Thatchinamoorthi – Appellant
Versus
The State rep. by the Inspector of Police, Abiramam Police Station, Ramanathapuram District. – Respondent
| Table of Content |
|---|
| 1. case background and procedural history (Para 2) |
| 2. petitioner's argument on majority (Para 3) |
| 3. section 33(5) inapplicable to adults (Para 5 , 6) |
| 4. order set aside, recall permitted (Para 7 , 8) |
ORDER
This Criminal Original Petition has been filed challenging the order dated
10.05.2024 in Crl.M.P.No.705 of 2024 in Spl.S.C.No.03 of 2018 on the file of learned Sessions Judge (Fast Track Mahila Court), Ramanathapuram, wherein petition filed under Section 311 Cr.P.C. to recall the P.W.11 for the purpose of cross-examination on behalf of the accused was dismissed.
2. A perusal of the records reveals that the petitioner herein is charged with offences punishable under Section 366 of the IPC and Section 6 of the POCSO Act, 2012. The date of the alleged occurrence is 20.03.2017, and the victim girl had attained the age of majority on 13.05.2017. Thereafter, the charge sheet was filed on 30.08.2017. The trial commenced on 13.08.2019, and P.W.11 (the victim girl) was chief-examined on 14.11.2019. However, she was not cross-examined on that date, as the petitioner was not represented by counsel at the relevant point of time. Subsequently, he was represented by a legal aid couns
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