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Judgment
G.K.Ilanthiraiyan, J
This petition has been filed to set aside the order dated 04.01.2019 passed by the Special Judge (Under the POCSO Act) at Puducherry, in Crl.M.P.No.2320 of 2018 in S.C.No.09 of 2017 thereby dismissed the petition filed by the petitioners under Section 311 of Cr.P.C. to recall P.W.1 for the purpose of cross examination.
It is seen that the petitioners are A1 and A2, they are charged for the offence under POCSO Act. Though P.W.1/victim was examined on 12.01.2018, she was not cross examined by the counsel for the petitioners/accused. Thereafter, the petitioners filed 311 petition to cross examine P.W.1 and the same was allowed, directing to cross examine P.W.1 on 12.10.2018. On that day, the learned counsel for the petitioners did not cross examine P.W.1, for the reason that the counsel who appeared on behalf of the petitioners attended interview at Notary Public, Chennai.
Considering the facts and circumstances, this Court feels that the petitioners may be given one more opportunity to put fourth their defence. Accordingly, the order dated 04.01.2019, passed by the learned Special Judge (Under the POCSO Act) at Puducherry, in Crl.M.P.No.2320 of 2018 in S.C.No.09 of 2017, is hereby set aside and the petitioners are permitted to cross examine P.W.1 on the next hearing date by payment of necessary charges. If the petitioners failed to cross-examine P.W.1, on the date fixed by the trial Court, the trial Court is directed to proceed with trial in accordance with law.
With the above directions, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.