Allowed

Jinsu S v. State of Kerala

Kerala HC17 Jan 2023Crl.MC/255/2023

Case brief

AI extract

What is this about?

In a POCSO trial where the court had recalled PW1 (mother of victim) via an accused's application under Section 311 CrPC to cross-examine her on age details produced by additional prosecution witnesses, this court allowed the criminal miscellaneous petition and set aside the dismissal of the recall application, permitting the cross-examination solely on that aspect. This case relates to the recall

What did the court decide?

Impugned order dismissing the recall application set aside; court below directed to recall PW1 and permit cross-examination on age details furnished by her.

Jinsu S Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 17^TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944 CRL.MC NO. 255 OF 2023

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SC 104/2019 OF FAST TRACK SPECIAL COURT (POCSO), KOTTAYAM PETITIONER/ACCUSED:

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JINSU S., AGED 28 YEARS S/O SAJI , JEETHU BHAVAN,KODUVACHOOR P.O., VAIKOM, VECHUR,KOTTAYAM DISTRICT , PIN - 686144

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BY ADVS. ANZAR BASHEER P.ANTO THOMAS V.R.ARUN K.S.MURALIKRISHNAN NAIR

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RESPONDENTS/STATE:

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1 STATE OF KERALA

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REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM., PIN - 682031

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2 STATION HOUSE OFFICER KADATHURUTHY POLICE STATION, KOTTAYAM DISTRICT, PIN - 686604

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BY SMT.T.V.NEEMA, SR.P.P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 255 OF 2023

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O R D E R

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The dismissal of a petition filed by the accused under Section 311 of Cr.P.C is under challenge in this Crl.M.C.

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2 . The petitioner is the accused in S.C.No.104 of 2019 on the files of the Fast Track Special Court (POCSO), Kottayam (for short 'the court below'). He faced trial for the offences punishable under Sections 506(i), 354A(1)(i), 354(1)(ii), 354(1)(iv) and 376 of IPC , Sections 3 r/w 4, 7 r/w 8, 11(i) and 11(iv) of POCSO Act and Section 67B of the Information Technology Act.

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3 . After the prosecution case was over and the case was posted for examination of the accused under Section 313 of Cr.P.C, the petitioner filed Annexure-A1 petition under Section 311 of Cr.P.C to recall PW1. The court below dismissed the said petition as evident from Annexure-A2 proceedings.

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4 . I have heard Sri. Anzar Basheer, the learned counsel for the petitioner and Smt.T.V.Neema, the learned Senior Public Prosecutor.

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5 . PW1 is the mother of the victim. The learned counsel for the petitioner submitted that the two additional witnesses were examined by the prosecution as PWs 18 and 19 and Ext.X3 birth certificate was proved through PW18. Those witnesses were examined to prove the age of the victim. The learned counsel further submitted that PW18 deposed that the

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CRL.MC NO. 255 OF 2023

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details of the age of the victim was furnished by PW1. It is in these circumstances, PW1 was sought to be recalled. It is true that this reason has not been stated in Annexure-A1. However, considering the fact that PWs 18 and 19 were examined subsequent to the examination of PW1 as additional witnesses and they have produced Ext.X3 to prove the age of the victim and PW18 deposed that it was PW1 who furnished the details of the age of the victim, I am of the view that the petitioner must be given an opportunity to recall PW1 to cross examine her on the said aspect alone.

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6 . In the light of the above findings, the impugned order dismissing Annexure-A1 petition is set aside. The court below shall recall PW1 and permit the petitioner to cross examine her as to the details furnished by her about the age of the victim.

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The Crl.M.C is allowed as above.

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Sd/-

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DR.KAUSER EDAPPAGATH, JUDGE

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CRL.MC NO. 255 OF 2023

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APPENDIX OF CRL.MC 255/2023

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PETITIONER'S ANNEXURES:

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ANNEXURE A1 A TRUE COPY OF THE C.M.P.NO. 1100/2022 DATED 29/12/2022 FILED IN S.C.NO. 104/2019 PENDING BEFORE THE FAST TRACK SPECIAL COURT (POCSO), KOTTAYAM DISTRICT ANNEXURE A2 A TRUE PRINTOUT OF THE PROCEEDINGS PUBLISHED IN E-COURTS WEBSITE DATED 29/12/2022 IN IN S.C.NO. 104/2019 PENDING BEFORE THE FAST TRACK SPECIAL COURT (POCSO), KOTTAYAM DISTRICT

Jinsu S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jinsu S v. State of Kerala

Case brief

What is this about?

What did the court decide?

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