Criminal Procedure Code, 1973
Section 311—Order dismissing application seeking recall of prosecution witness for the purpose of cross-examination—Challenged—Offences registered under S. 354/354A/354D IPC and S. 12 of the POCSO Act—Submission that since PW is main witness, the denial of right to cross-examination would seriously prejudice the case of petitioner as also be violative the principals of natural justice—No doubt the petitioner had approached the trial court with an application under Section 311 after an inordinate delay of one year, however, that by itself may not be the reason for depriving the petitioner from cross-examining the main witness—Offences are of a very serious in nature and considering the fact that the offences under POCSO Act prescribes very harsh punishment, it would not be out of place to hold that right to cross-examine would be all the more at a higher pedestal—An opportunity afforded to petitioner to cross-examine the witness on one single date.
[Paras 11 to 13]