R.Manokaran v. State Rep by
Case brief
What is this about?
Petitioner sought to recall child victim witness for cross-examination opposing a prior order in a POCSO matter. Single judge held Section 33(5) bars repeated calling and dismissed the petition.
What did the court decide?
Criminal Original Petition dismissed; petitioner's prayer to re-open evidence and recall PW-1 rejected. No further relief granted.
What the court decided
Crl.O.P.No.6838 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.6838 of 2023
R.Manokaran
...Petitioner
Vs.
The State rep by The Inspector of Police, All Women Police Station, Jayankondam. (Crime No.20 of 2022)
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order dated 10.02.2023 passed by the Sessions Judge, Fast Track Mahila Court, Ariyalur in Crl.M.P.No.4769 of 2022 in Spl.S.C.No.49 of 2022 and consequently to allow the petitioner herein to re-open the evidence and recall the PW-1 for the purpose of cross examination.
Issues for consideration
1 issue framed by the court
Whether the trial court correctly barred the recall of the child victim witness who had been extensively cross-examined under Section 33(5) of the POCSO Act.
Parties & counsel
- petitioner
R Manokaran
- respondent
The State rep by The Inspector of Police, All Women Police Station, Jayankondam
Coram
G Chandrasekharan
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court