The Supreme Court on Monday stayed the trial against a 19-year-old man in a molestation case after a Bengaluru court rejected his plea to re-examine some witnesses in view of the change of counsel.
A bench of Justices Ranjan Gogoi and R Banumathi accepted the plea made by advocate T S Shanthi on behalf of the youth. The petition argued that the Bengaluru court's rejection of his application filed under section 311 of the Criminal Procedure Code would affect his fundamental right to fair trial.
The top court stayed the proceedings in the additional city civil and sessions court on a charge sheet filed by the Banashankari police.
The court issued a notice to the Karnataka government, seeking its response on a special leave petition filed by the youth against the high court's order of March 8, 2018. The high court had dismissed the plea for setting aside the Bengaluru court's order of January 5.
The trial court relied upon the provisions of the Protection of Children from Sexual Offences Act, among others, stating that the victim shall not be called before the court repeatedly for her examination and that it was the duty of the special court to see that the victim, as well as material witnesses, was examined on the date when they are called as witnesses.
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