Vinod Kumar, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9305 of 2016 ORDER:

The criminal petition is filed against the order dated 14.06.2016 in Crl.M.P.No.388 of 2016 in POCSC.No.22 of 2014 on the file of the I Additional District and Sessions Judge, Chittoor, by and under which, the petition filed under Section 311 Cr.P.C. to recall PWs.7 and 12 for cross examination was dismissed. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, representing the State. The learned counsel appearing for the petitioner submits that when the witnesses are being examined, the counsel appearing for the petitioner/accused, by mistake and over sight, left some important questions, omissions and contradictions which are essential to decide the case, and the Court below erroneously closed prosecution evidence.

The learned counsel further submits that as serious allegations are levelled against the petitioner/accused, if the prosecution witnesses are not cross examined, serious prejudice would be caused to the petitioner. The allegations levelled against the petitioner are for the offences punishable under Sections 376(2) (h), 496, 417 r/w.34 IPC and under Section 4 of POCSO Act, 2012. The criminal jurisprudence requires sufficient opportunity to be afforded to the accused to put forth his defence and to cross examine the prosecution witnesses.

In the present matter, trial was commenced and on the date fixed for cross examination of

prosecution witnesses, the counsel appearing for the petitioner/accused, by mistake and over sight, left some important questions, omissions and contradictions which are essential to decide the case. The learned Sessions Judge dismissed the application filed by the petitioner/accused under Section 311 having found that there are no merits.

In view of the facts and circumstances of the case and in view of the nature of offence, I feel that the petitioner/accused be given opportunity to cross examine the prosecution witnesses i.e. PWs.7 and 12, however, subject to following conditions; i) The petitioner/accused shall complete the cross examination of prosecution witnesses i.e. PWs.7 and 12 on the same day when they are produced, without seeking any further adjournment;

ii) The petitioner/accused shall pay costs of Rs.2,000/- to each of the prosecution witnesses on the date of their cross examination.

Subject to the above, the Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed in consequence.

___________________ M.S.K.JAISWAL, J Date: 20.07.2016 TJMR