TEMAN LAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. against the order dtd. 11/11/2021 passed by the learned Court of Additional Sessions Judge, Fast Track Court (POCSO) Act, Gariyaband, District-Gariyaband (C.G.) in Special Criminal Case No. 24/2021 whereby the learned trial court has rejected the application filed by the petitioner under Sec. 311 of the Code of Criminal Procedure, 1973 (for short 'the Code') for recalling the prosecutrix for her further cross-examination.

(2.) Petitioner is facing trial under Sec. 376 (2)(N) of IPC and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and Sec. 3 (2)(v) of SC/ST Act. On 24/4/2019, victim/ prosecutrix has been examined by the earlier counsel. During the pendency of special trial, the petitioner filed application under Sec. 311 of Cr.P.C. for re-examination of the prosecutrix (PW-1) on the ground that earlier counsel did not ask questions which are important for defence of the petitioner but the learned trial court dismissed the application. Hence, this petition filed by the petitioner.

(3.) Learned counsel for the petitioner submits that the impugned order passed by the learned court is bad in law and deserves to be set aside. Learned trial court has committed illegality and impropriety by not considering the submissions of the petitioner regarding the prayer of Sec. 311 of Cr.P.C. and learned trial court has committed an error of law by not considering the grievances of the petitioner by dismissing the application. He further submits that the victim/prosecutrix and her mother did not make their objection regarding grant of bail to the petitioner and, thereafter, marriage of the prosecutrix and petitioner was solemnized on 27/11/2021. In such a situation, on the basis of the new circumstances of the case, it would be appropriate in the interest of justice to get the victim re-examined in relation to the letter of Ex. P/3. Therefore, further, cross-examination of the victim/prosecutrix, is necessary to make reasonable and justifiable defence of the petitioner. In support of his argument, learned counsel for the petitioner has placed reliance in the matters of Zahira Habibullah Sheikh and Another Vs. State of Gujarat and Others reported in AIR 2006 SCW 1340, State of Haryana Vs. Ram Mehar and Others reported in AIR 2016 SC 3942 and Pintu Yadav Vs. State of Chattisgarh passed in Criminal Revision No. 653/2021 by this Court.