CRL OP(MD)/24445/2026 of Chinnasamy @ Thavamani Vs The State of Tamilnadu on 28 October 2026

ORDER

The present petition has been filed by the sole accused in Spl.S.C.No.05 of 2021, pending on the file of the Principal Special Court for Exclusive Trial of Cases under the POCSO Act, Sivagangai, seeking to set aside the order passed in M.P.No.1 of 2026 in Spl.S.C.No.05 of 2021, whereby the petitioner's request to recall PW1 for cross- examination was rejected.

2. A perusal of the records reveals that the petitioner was charged with offences under Sections 366 and 342 of the IPC and Sections 5(l)(n), 6 and 4(2) of the POCSO Act. PW1/victim was examined in chief on 05.09.2024. PW2 and PW3 were also examined in chief on the same day. However, none of the said witnesses was cross-examined. Thereafter, on 03.03.2026, the petitioner filed an application seeking to recall PW1 to PW3 for cross-examination. The trial Court allowed the application insofar as PW2 and PW3 were concerned but rejected the request to recall PW1. Aggrieved by the said order, the petitioner has filed the present petition.

CRL OP(MD) No. 24445 of 2026

3. The learned counsel appearing for the petitioner submitted that the matter is next listed for hearing on 02.11.2026 and if the petitioner is permitted to recall PW1, he is ready and willing to cross-examine the said witness on the very same day.

4. Heard the learned counsel appearing for the petitioner and perused the materials placed on record.

5. As could be seen from the records, the petitioner is facing serious charges under the POCSO Act. The petitioner failed to cross- examine the victim, and the present application has been filed seeking to recall the victim for cross-examination. In this regard, this Court, in its judgment dated 04.01.2023 in Crl.O.P.(MD)No.22696 of 2022, at paragraph No.13, has held as follows: “13. As rightly contended by the learned counsel for the petitioner, in the case on hand, the above petition was not filed for the purpose of further cross examination, but for cross examination itself. It is not the case of the prosecution that the petition under Section 311 Cr.P.C to recall the victim girl and other witnesses were filed belatedly or frivolously. Though the petitioner is at fault, considering the facts and circumstances of the case and also the fact that the witnesses sought to be recalled were not at all cross examined and also taking note of the fact that the petitioner is facing trial for the serious offences, this Court is of the clear view that the petitioner should be given one more opportunity to cross examine the witnesses. But at the same time, considering

CRL OP(MD) No. 24445 of 2026 the length of delay and the conduct of the petitioner, this Court is of the further view that the petitioner must be mulcted with costs and with further condition that the petitioner/accused, should cross examine the witnesses on the day, when the witnesses are produced before the Court and if for any reason, the petitioner fails to cross examine the said witnesses on that particular day, then he will forfeit his right to cross examine them.”

6. In view of the judgment of this Court referred to supra, this Court is of the considered opinion that the petitioner may be afforded one more opportunity to cross-examine PW1, particularly since she has attained majority.

7. In the light of the foregoing discussion, this Court is inclined to pass the following order:

(a) The order passed in M.P.No.1 of 2026, insofar as it rejects the petitioner's request to recall PW1, is set aside.

(b) The petitioner is permitted to recall PW1 for the purpose of cross-examination.

(c) The petitioner shall pay the batta within three days from the date of receipt of a copy of this order for the purpose of recalling PW1.

(d) The petitioner shall complete the cross-examination of PW1 on the date fixed for her appearance, and no further adjournment shall be granted.

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8. With the above directions, this Criminal Original Petition stands allowed. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: Issue order copy on 29.10.2026. PJL To

1. The Inspector of Police All Women Police Station - Thiruppathur Sivagangai District Cr.No.7 of 2020

2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

CRL OP(MD) No. 24445 of 2026 R.VIJAYAKUMAR, J. PJL CRL OP(MD) No. 24445 of 2026 28-10-2026