PRASANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question an order dtd. 21/2/2022 passed by the II Additional District and Sessions Judge and Special Judge at Davangere in S.C.No.136 of 2019 rejecting the application filed by him under Sec. 311 of the Cr.P.C to recall PWs-1 to 3 for cross-examination.

(2.) Heard Sri G.B. Maruthi, learned counsel for the petitioner and Smt. K.P. Yashodha, learned High Court Government Pleader for respondent No.1.

(3.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:- A crime came to be registered against the petitioner for offences punishable under Sec. 363 of the IPC. After investigation into the matter, a charge sheet is filed by the Police against the petitioner for offences punishable under Ss. 363 and 376 of the IPC and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 ('the Act' for short). During the pendency of the proceedings, the petitioner prefers an application seeking recall of PWs.1 to 3 on 31/9/2021. The reason given by the petitioner in the application is based upon evidence tendered by the witnesses. In the application, the petitioner narrates that PW-18 one Madhu admits that himself, accused and the victim had been to the house of CW-17. In the evidence of PWs.1 to 3 in their examination-in-chief, the said witnesses depose that four of them had been to Chitradurga. This contradiction leads to the petitioner filing the aforesaid application, which is rejected by the learned Sessions Judge in terms of the impugned order observing that the case under the Act has to be disposed of within the frame work of one year. The application is filed on 31/9/2021.