SUNIL TANDI Vs. STATE OF C. G.

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally at the motion stage.

(2.) This criminal revision has been filed against the order dtd. 31/7/2021 passed by the Additional Sessions Judge, 1st Fast Track Special Court, Raipur (henceforth "the trial Court") in Special Criminal Case No. 227/2018 whereby learned trial Court has rejected the application filed under Sec. 311 of the Code of Criminal Procedure, 1973 (henceforth "the Code") by the applicant for recalling of victim (PW-1) and her mother (PW-2) for their further cross- examination.

(3.) The applicant is facing trial before the trial Court for commission of offence under Sec. 376 of IPC and Ss. 4 and 6 of The Protection of Children from Sexual Offences Act, 2012 (henceforth "the POCSO Act"). Victim and her mother have been examined by both the parties as (PW-1) and (PW-2), respectively on 28/9/2019. The case is still pending on the stage of evidence of prosecution witnesses. Applicant filed an application under Sec. 311 of the Code to recall the victim/prosecutrix and her mother for their further cross- examination, which was rejected by the trial Court vide its impugned order dtd. 31/7/2021. Hence, this revision petition.