THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13930 of 2025

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking the Court to set-aside the order dated 01.09.2025 passed in Crl.M.P.No.222 of 2024 in SC (POCSO) No.82 of 2022, on the file of the learned I Additional District & Sessions Judge-cum-Special Court to try the offences under Protection of Children from Sexual Offences Act, 2012, Siddipet and thereby to allow the application filed under Section 311 Crl.P.C. in Crl.M.P.No.222 of 2024 permitting the petitioner to recall PWs 1 & 2 for further cross-examination for proper adjudication of the case.

2. Heard Sri Y.Ashok Raj, learned counsel for the petitioner/accused as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent -

State.

3. Learned petitioner’s counsel has submitted that the Trial Court ought to have allowed the petition filed by the petitioner under Section 311 of Cr.P.C. that PWs 1 & 2 should be recalled for further cross-examination. The contention of the petitioner’s counsel is that they failed to pose certain relevant questions to the witnesses during cross-examination and that he must be given another chance to cross-examine PWs 1 & 2. Hence filed a petition to recall the said witnesses vide Crl.M.P.No.222 of 2024, which was dismissed by the Trial Court on 01.092025. He therefore prayed to set-aside the said orders and to direct the Trial Court to recall the witnesses PWs 1 & 2 for further cross-examination.

4. The learned Additional Public Prosecutor representing the respondent –State has submitted that the said witnesses were cross- examined at length before the Trial Court and that ample opportunity was already provided to the petitioner and the cross-examination was closed on 17.01.2024, while the present petition was filed in the year 2024 for recalling of witnesses PWs 1 & 2. He therefore prayed to dismiss the petition.

5. Perused the record. The matter pertains to a Sessions Case vide SC (POCSO) No.82 of 2022, pending on the file of the learned I Additional District & Sessions Judge-cum-Special Court to try the offences under Protection of Children from Sexual Offences Act, 2012, Siddipet, which suggests that the case is pending since 2022 and the statute prescribes the period of one year for disposal of the said case. However, it is observed from the record that PWs 1 & 2 and none other than the victim and victim’s mother were examined and the defense counsel has also cross-examined the witnesses at length. Their cross-examination was closed on 17.01.2024 and a petition under Section 311 Cr.P.C. was filed to recall the witnesses.

The matter is of sensitive in nature and the victim in a POCSO case should not be called time and again to the Court which would further traumatize the victim. In case if the witnesses are recalled time and again, the very purpose of the statute is defeated. Since the witnesses are already cross-examined, the Trial Court has rightly dismissed the petition observing the same.

6. Learned petitioner’s counsel has relied upon the decision of the Apex Court in MADHAB CHANDRA PRADHAN & ORS. Vs. STATE of ODISHA, [Special Leave Petition (Crl.)No.10082 of 2024]. The contention of the learned petitioner’s counsel is that ample opportunity should be given to the defense counsel for cross-examining the witnesses and that in this case, he has failed to put relevant questions to the witnesses due to oversight and thus, considering the said principle laid down in the above said decision, the application filed by the petitioner before the Trial Court for further cross-examination of witnesses, may be allowed. The counsel relied upon the observation made at Para 5 in the said case which is as follows:-

“5. We have heard learned counsel for the petitioners, who would submit that Section 33 (5) does not operate as an absolute bar for recalling the child as