CASE TITLE:
Vineeth v. State of Kerala.
JUDGE(S):
Hon’ble Justice Kauser Edappagath.
PARTIES:
Petitioner: Vineeth.
Respondent: State of Kerala.
SUBJECT
This is a trial case wherein this Crl. M.C. has been filed to dismiss an application filed u/s 311 of the Criminal Procedure Code and to set aside Annexure-A2 order.
IMPORTANT PROVISIONS
Protection of Children from Sexual Offences Act, 2012
- Section 33(5)- Procedure and Powers of Special Court.
BRIEF OF THE ORDER
- The accused is the petitioner who is facing trial for the offences which are punishable u/s 3D r/w 4 of the POCSO Act.
- 8 witnesses were examined from the prosecution side wherein the petitioner urged to recall witness no. 4 and witness no. 6 by filing a petition.
- Prosecution witness 4 was examined on 17 February 2022 and witness 6 was examined on 18 February 2022. But the copy pf the 164 statement of 4th witness was unavailable to the petitioner at that time which was available to him on 21 March 2022. Thereafter, the above application was filed to contradict this statement. The Court thereby dismissed the application relying on section 33(5) of POCSO Act on the ground that the child witness cannot be repeatedly called for examination.
- The Court thereby held that the child witness can be recalled only if it is necessary for the just decision of the case as the bar under Section 33(5) of POCSO Act is not absolute. Also, the petitioner has every right to contradict the witness with the 164 statement.
- Therefore, Annexure A-2 was set aside and the present petition was disposed of.
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