KARN DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Applicant is aggrieved by the order dtd. 28/10/2022 passed by the Additional Sessions Judge (FTC) (POCSO Act), Baloda Bazar in Special Case POCSO Case No.65/2021 whereby the application filed by him under Sec. 311 Cr.P.C for recalling and re-examining the witnesses i.e. victim (PW-1) and her mother (PW-2), has been rejected.

(2.) Shri Verma, learned Counsel for the Applicant submits that some material questions relating to date of birth were not asked at the time of cross-examination, therefore the Applicant has moved the application under Sec. 311 Cr.P.C for recalling and re-examination of the said witnesses, which has been wrongly rejected by the Court below, therefore, the same may be set aside and the instant Revision may be allowed.

(3.) On the other hand, Ms. Singh, learned Counsel for the State supported the order impugned and submits that the Revision is barred under Sec. 397(2) Cr.P.C and placed her reliance on the judgment rendered in the matter of Sethuraman vs. Rajamanickam reported in (2009) 5 SCC 153 wherein, it has been held at para-5 as under:-