Abdul Rehan ,Abbu v. State Of Telangana
r [ 320e ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY ,THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 8218 OF 2022 Between:
Abdul Rehan @Abbu, S/o Abdul Rayees, Aged about 22 years, Occ: Auto Driver, R/o. Chilkurilaxmi Nagar, Adilabad.
PETITIONER/ACCUSE D AND State of Telangana, Rep. Public Prosecutor, High Court Judicature at Hyderabad For the State of Telangana , Through S.H.O P.S ll-Town Adilabad. RESPONDENT/COMPLAINANT Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash and Set-aside the order Dt. 18.08.2022 passed in Cri.[/.P.No. 64 of 2022 in S.C(POCSO)No. 56 of 2020 On the file of the Hon'ble Special Court for Protection of Children From Sexual Offences Act-20'12,At. Adilabad. I.A. NO: 1 OF 2022 Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in S.C(POCSO)No.
56 of 2020 On the file of the Honble Special Court for Protection of Children From Sexual Offences Act2012,4t. Adilabad pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAGAIV1 VISHAL, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent.
The Gourt made the following: ORDER
THE HON,BLE DT.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.82 18 0F 2022 ORDER:- 1.
Heard Sri Ragam Vishal, learned counsel for the petitioner as well as the learned Assistant public Prosecutor.
2'
Seeking the court to quash the order that is rendered by the Special Court for trial of cases under protection of Chiidren from Sexual Offences Act, Adilabad, in Crl.M.P.No.64 ol 2022 in S.C.No.56 of 2O2O, dated 18.O8.2022, the present Criminal petition is filed. 3.
Learned counsel for the petitioner submits that the petitioner moved an application under Section 311 Cr.p.C. seeking the Court to reca-ll pWsl, 2 & 4 for further cross_ examination. But the said application was dismissed and aggrieved by the order of dismissal, the petitioner is before this Court seeking the Court to quash that impugned order. Learned counsel states that the petitioner, who is accused in the Sessions Case, has got every right to cross_ examine the prosecution witnesses and the said indivisible
Dr.CStl Ctl.P.No.8218 oJ 2022 right cannot be curtailed. But the trial Court dismissed the application without valid grounds and hence, the impugned order has to be set-aside.
4.
Per contra, the submission of the learned Assistant Public Prosecutor is that, the proceedings were initiated against the petitioner on the allegation that he committed offences punishable under Protection of Children from Sexual Offences Act and prosecution witnesses were crossexamined at length and no reasons are assigned for recalling them for further cross-examination and therefore' the trial Court has rightly dismissed the application and hence, the order needs no interference'
5.
A perusal of the impugned order reveals the following facts: - (i) PWs 1 & 2 were examined- in chief and cross on 07.O7.2022.
PW4 was examined on t2.O7.2022'
(ii) (iii) Later, some more prosecution witnesses were examined.
6.
Subsequently, the petitioner/ accused moved Cr1.M.P.No.64 of 2022 seeking the Court to recall PW11' 2 ./6\.
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DT.CSL!
C.P.No.8218of2022 and 4 on the ground that some important questions could not be put during the course of cross_examination. 7.
Undoubtedly, right to cross-examine a witness is granted to the other party both in civil as well as on criminal side. In the case on hand, the allegation is that the petitioner has committed the offence punishable under Protection of Children from Sexual Offences Act. As per the version of the prosecution, the victim i.e. pWl is a minor girl. The observation of the trial Court is that the victim should not be repeatedly called to the Court under the guise of further cross-examination. This Court is in full agreement to the said observation. Why the learned counsel for the petitioner who had cross_examined pWs1, 2 & 4 could not put the alleged important questions during the course of cross-examination is not indicated anylvhere. Undoubtedly, narrating the facts of the case before the Court of law by the victim, more particularly, in sexual \ offences, is more painful than the actual assault itself. Already, the alleged victim girl i.e. pWl has sustajned such a pain. Therefore, this Court is of the view that pWl \
Dr,CSL,l C.P.No.8218o12022 cannot be ca,lled to the Court again to sustain further pain. When an opportunity is accorded for cross-examining the witnesses, the accused should cross-examine the witnesses by putting all the material questions and elicit answers to those questions. In the case on hand, this Court does not find any injustice caused to the accused through the tria,1 proceedings. Further, as earlier indicated, no reason is assigned as to why the alleged important questions were not put to those witnesses. Therefore, this Court is of the view that there are no grounds, whatsoever, to interfere with the reasoned order that is passed by the Special Court for trial of cases under Protection of Children from Sexual Offences Act, Adilabad.
8.
Resultantly, the Criminal Petition is dismissed. 9.
As a sequel thereto, miscellaneous petitions pending, if shall stand closed.
SD/. T. SRINIVAS DEPUry REGISTRAR i-- SECTION OFFICER To, / //TRUE COPY// l.TheIAddl.SessionJudge-cum-Spl,JudgeforTrailofCasesunderPoCSo Act, Adilabad.
Z. fw6 C-CJ to the public Prosecutor, High Court for the State of Telangana at Hvderabad (OUT)
3. Oire CC to Sri Ragam vishal, Advocate IOPUC]
4. Two CD Copies PM'
HIGH COURT CSI-,J DATED: 1410912022 ./a= eutu A"
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ORDER
CRLP.No.8218 of 2022 DISMISSING THE CRIMINAL PETITION l t\-0^'
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