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Judgment
The present petition has been filed by the sole accused in Spl SC.No.108 of 2022, on the file of Special Court for the Exclusive Trail of POCSO Act Cases, Nagarcoil @ Kanniyakumari District, seeking to set aside the order passed in Crl.M.P.No.169 of 2026, wherein, the request of the petitioner to recall PW1 to PW3 for cross-examination has been rejected.
It could be seen from the records that the petitioner is charged with the offence under Sections 9(m), 9(n), 10, 11(4), 12 of POCSO Act, 2012. PW1/Victim, PW2/Mother and PW3/Father were chief examined on 19.02.2026. On the said date, neither the petitioner nor his counsel had appeared and there was no cross-examination. On 23.03.2026, the Court had appointed a Legal-aid counsel to represent the petitioner herein. Thereafter, the present application has been filed on 08.04.2026 under section 348 of BNSS., to recall PW1 to PW3 for the purpose of cross-examination. This application has been rejected by the trial Court relying upon Section 33(5) of POCSO Act. Challenging the same, the present petition has been filed.
According to the learned counsel appearing to the petitioner, PW1 to PW3 have not been cross-examined, since the counsel was not present on the said date. Therefore, the Court has appointed a Legal-aid counsel and immediately, present application has been filed. He undertakes to cross-examine PW1 to PW3 on the date of their appearance.
Heard the learned counsel appearing for the petitioner and perused the materials available on record.
Considering the fact that the petitioner's counsel was not present on the date of chief examination of PW1 to PW3 and now he is being represented through a Legal-aid counsel, this Court is of the considered opinion that one more opportunity could be granted to the petitioner, since he is charged with serious offences.
In view of the above, this Court is inclined to pass the following orders:
The impugned order in Crl.M.P. No. 169 of 2026 in Spl.S.C. No.108 of 2022, dated 12.05.2026 passed by the learned Sessions Judge, Special Court for the Exclusive Trail of POCSO Act Cases, Nagarcoil @ Kanniyakumari District is set aside and the petitioner shall be permitted to recall and cross examine PW1 to PW3;
the petitioner shall pay batta within a period of three days from the date of receipt of copy of this order;
the petitioner is directed to cross examine PW1 to PW3 on the date on which they appear;
the petitioner shall not be granted any further opportunity for cross examination of PW1 to PW3.
In the above terms, this Criminal Original Petition stands allowed.