Sophy Thomas, J
1. This Crl.M.C. is at the instance of the sole accused in S.C. No.263 of 2018 on the file of Fast Track Special Court, Parappanangadi impugning
Annexure A1 order dated 30.11.2023 by which his prayer for recalling PW1 was dismissed by the trial court.
2. Heard learned counsel for the petitioner and learned Public Prosecutor.
3. The grievance voiced by the petitioner is that he omitted to bring out some material aspects while cross examining PW1. So, it is absolutely
necessary to recall PW1. In the impugned order, the trial court has stated that PW1 was cross-examined at length and breadth and so, there was no
necessity to examine her any further. Learned counsel for the petitioner would submit that the FSL report was received subsequently and so he could
not ask certain questions pertaining to that report to PW1 and for that purpose alone, PW1 has to be recalled. Since the prayer of the petitioner is a
limited one to confront PW1 with respect to certain material aspects brought out in the FSL report, this Court is inclined to allow this Crl.M.C. to the
limited extent of recalling and cross-examining PW1 with respect to the FSL report. The trial court has to summon PW1 through the SHO concerned
to be present before court for the purpose of cross-examination on 29.01.2024 and see that she is cross-examined with respect to the findings in the
FSL report and nothing more. The prosecution has to be allowed to conduct re-examination on any point which needs clarification.
Registry to forward a copy of this order to the trial court forthwith for compliance of the above directions.
