RINKU SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision has been preferred against the order dtd. 13/6/2022 passed by Upper Sessions Judge, First Fast Track Court, Special Judge (POCSO Act), Durg, District Durg (C.G.) (henceforth "trial Court") in Special Criminal Case (POCSO) No. 114/2018 whereby learned court below has rejected the application under Sec. 311 of the Code of Criminal Procedure, 1973 (henceforth "the Code") filed by the applicant for recalling of father of victim/prosecutrix, who has been examined as PW-8, for his further/re cross-examination.

(2.) The applicant is facing trial before the trial Court for commission of offence punishable under Ss. 450,366 and 376 of IPC and Ss. 5 and 6 of the Protection of Children from Sexual Offences Act, 2012. Several prosecution witnesses have been examined and father of victim/prosecutrix has also been examined as PW-8 on 26/5/2022. On 13/6/2022, application under Sec. 311 of the Code was filed by the applicant stating therein that aforesaid witness has not been examined properly, as he has been examined by the junior advocate, in absence of Senior Counsel. Hence, he may be called for his further cross-examination.

(3.) Learned trial Court, vide its impugned order dtd. 13/6/2022, dismissed the aforesaid application, hence, this revision petition.