CRL OP/34904/2019 of JOHN @ KARTHIKEYAN Vs STATE REP.BY on 30 December 2019

O R D E R

Heard the submission of the learned counsel appearing oneither side.

2. The petitioner is facing trial in Special S.C.No.41/2017,on the file of the Sessions Judge Fast Track, Mahila Court,Dharmapuri for the offences under Sections 363, 366 IPC andSections 6 & 5(1) POCSO Act 2012. The petitioner had not crossexamined the prosecution witnesses after their chiefexamination. The petitioner had filed Crl.M.P.No.504 of 2019 forrecalling them. The Court below has allowed the Recall Petition,as regard P.W.s. 2 to 5, on payment of cost. However, the RecallPetition in respect of P.Ws.1 and 6 was dismissed. P.W.1 is themother of the victim and P.W.6 is the victim herself.

3. The learned counsel appearing for the petitioner pointsout that P.W.6 / victim is presently aged about 20 years.

4. If the witness is a child, she cannot be harrased andvexed by being repeatedly summoned to the Court. In this case,the victim is presently aged about 20 years and therefore, the

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usual strict view and approach adopted in the matter of offencesunder POCSO Act may be departed from. Therefore, the order underchallenge, to the extent it is adverse to the petitioner, is setaside and it is made clear that the petitioner will crossexamine both the witnesses and it is also made clear that P.W.s1 and 6 will be recalled for cross examination by the petitioneron the next date of hearing after 07.01.2020.5. The Criminal Original Petition is allowed in the aboveterms.

Sd/- Deputy Registrar (C.S.)

//True Copy//

Sub Assistant Registrar

To1.The Sessions Judge, Fast Track Mahila Court, Dharmapuri.2.The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District.3.The Public Prosecutor, Madras High Court.

+1 cc to M/s.M.Selvam,Advocate Sr.No. 106868

AKM/08.01.2020/2P-5C /

Crl.O.P.No.34904 of 2019