Karnataka High Court
Yallappa @ Yallaling Yadrami And Anr vs The State Of Karnataka And Anr on 30 May, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2024:KHC-K:3428
CRL.P No. 200272 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 200272 OF 2024 (482)
BETWEEN:
1. YALLAPPA @ YALLALING YADRAMI
S/O DEVAPPA @ DEVENDRAPPA YADRAMI,
AGED: 22 YEARS, OCC: COOLIE,
R/O. NELOGI VILLAGE, TQ: JEWARGI,
DIST: KALABURAGI-585 310.
2. DEVAPPA @ DEVENDRAPPA YADRAMI
S/O KALLAPPA YADRAMI,
AGE: 52 YEARS, OCC: COOLIE,
R/O. NELOGI VILLAGE, TQ: JEWARGI,
DIST: KALABURAGI-585 310.
...PETITIONERS
(BY SRI RAJESH DODDAMANI, ADVOCATE)
Digitally signed
by SHILPA R
TENIHALLI
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA
REPRESENTED BY,
NELOGI POLICE STATION,
NELOGI, THROUGH
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 103.
2. NAGENDRA
S/O SHIVARAYA KOTERGASTI,
AGE: 38 YEARS, OCC: AGRICULTURE,
-2-
NC: 2024:KHC-K:3428
CRL.P No. 200272 of 2024
R/O. NELOGI VILLAGE,
TQ: JEWARGI,
DIST: KALABURAGI-585 310.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP;
R2 DEAD
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
ALLOW PETITION AND SET ASIDE THE ORDER ON I.A FILED
U/S 311 OF CR.P.C DATED 13-02-2024 ON THE FILE OF THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-I
(SPL. POCSO) AT KALABURAGI SPL.C (POCSO). NO.31/2023
AND CONSEQUENTLY ALLOW THE I.A FILED U/S 311 OF
CR.P.C. AND PASS ANY APPROPRIATE ORDERS AS MY BE
DEEMED NECESSARY IN THE FACTS AND CIRCUMSTANCES OF
THE CASE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused Nos.1 and 2 in Special Case (POCSO)
No.31/2023 pending before the Court of Additional
District and Sessions Judge and FTSC-I, Kalaburagi (for
short 'Trial Court') for the offences punishable under
Sections 363, 376(2)(n), 354(d), 342, 114, 509 read with
Section 34 of IPC and Sections 4, 6, 12 and 17 of the
Protection of Children from Sexual Offences Act, 2012 (for
short 'POCSO Act') are before this Court assailing the order
dated 13.02.2022 passed by the Trial Court in Special
NC: 2024:KHC-K:3428
Case (POCSO) No.31/2023 rejecting the application filed
by the petitioners under Section 311 of Cr.P.C. to recall
PW.1 (victim) for further cross-examination.
2. Heard learned counsel for the parties.
3. The petitioners are being tried before the Trial
Court for the aforesaid offences and during the course of
trial, they had filed an application under Section 311 of
Cr.P.C. to recall PW.1 for further cross-examination. The
said application was opposed by the prosecution. The Trial
Court vide impugned order dated 13.02.2024 has
dismissed the application. Being aggrieved by the same,
the petitioners are before this Court.
4. Learned counsel for the petitioners having
reiterated the grounds urged in the petition has prayed to
allow the petition.
5. Per contra, learned High Court Government
Pleader has opposed the petition.
NC: 2024:KHC-K:3428
6. The material on record would go to show that
the victim, who is aged about 17 years was examined
before the Trial Court as PW.1 and she was fully cross-
examined at length on behalf of the defence on
03.07.2023 itself. The doctor, who had medically
examined PW.1 has been examined before the Trial Court
as PW.15 and the engineer, who had prepared the spot
sketch has been examined as PW.20. During the course of
evidence of these witnesses, the opinion of the doctor and
spot sketch were produced and subsequently, the present
application under Section 311 of Cr.P.C. was filed. The
Trial Court after taking into consideration that the
application under Section 311 of Cr.P.C. was belatedly
filed after six months from to date on which PW.1 was
examined and also taking into consideration Section 33 (5)
of the POCSO Act, has rightly dismissed the application by
observing that there is no requirement for further cross-
examination of PW.1 for the reason that the medical
opinion and the spot sketch were produced during the
course of evidence of PW.15 and PW.20.
NC: 2024:KHC-K:3428
7. The learned High Court Government Pleader
has also brought to the notice of this Court that the matter
is now at the stage of pronouncement of judgment. Under
the circumstances, I do not find any good ground to
interfere with the order impugned.
Accordingly, the petition is dismissed.
Sd/-
JUDGE
SRT
