Dismissed¶21

Vinoth @ Vinothkumar v. State rep by the Inspector of Police

Madras HC17 Jul 2026CRL OP/18848/2026

Case brief

AI extract

What is this about?

Madras High Court, CRL OP No. 18848 of 2026 (17-07-2026), D. Bharatha Chakravarthy, J. Keywords: Section 528 BNSS; Section 33(5) POCSO Act; recall of child witness PW1 for cross-examination; rejection of recall application; best interest of child victim; Special Court for Exclusive Trial of POCSO Cases, Villupuram; Spl.S.C.No.60 of 2024; Crl.M.P.No.1229 of 2025; Crime No.40 of 2023, AWPS Gingee; earlier decision Crl.O.P.No.16742 of 2026 (01.07.2026); petition dismissed, connected Crl.MP.No.12540 of 2026 closed.

What did the court decide?

Taking the primacy of the protection of the child and the best interest of the victim into account, together with the mandate of Section 33(5) of the POCSO Act, the Trial Court rightly rejected the recall petition. ¶21

Vinoth @ Vinothkumar Vs State rep by the… — Child Sexual Offences (POCSO) | Madras HC (2026)

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CRL OP No. 18848 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17-07-2026

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CORAM

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 18848 of 2026 and CRL.MP.No.12540 of 2026

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Vinoth @ Vinothkumar

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..Petitioner(s)

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Vs State rep by the Inspector of Police AWPS, Gingee, Crime No.40 of 2023.

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..Respondent(s)

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Prayer: This Criminal Original Petition is filed under Section 528 of BNSS, praying to set aside the order dated 05.05.2026 made in Crl.M.P.No.1229 of 2025 in Spl.S.C.No.60 of 2024 on the file of the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Villupuram by allowing this Criminal Origianl Petition and thus render Justice.

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For Petitioner(s): Mr.C.Munusamy (Through VIDEO CONFERENCING) For Respondent(s): Mr.R.Rajasekaran, Government Advocate (Crl. Side)

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ORDER

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The Criminal Original Petition is filed challenging the order dated

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05.05.2026 made in Crl.M.P.No.1229 of 2025 in Spl.S.C.No.60 of 2024.

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Page1 of 4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 18848 of 2026

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When the petitioner filed recall application to recall PW1, the victim

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child for cross examination, the same was dismissed by the Trial Court. This issue has already been dealt with in detail by this Court in Crl.O.P.No.16742 of

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2026, dated 01.07.2026.

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In view thereof, taking the primacy of the protection of the child in mind and the best interest of the victim in mind, and the mandate of Section 33(5) of the POCSO Act, the Trial Court has rightly rejected the petition and finding no merits, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

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17-07-2026

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Neutral Citation: No PVS

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__________ Page2 of 4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 18848 of 2026

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