BUDHRA SODI, BHIMA SODI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision has been preferred against the order dtd. 9/12/2021 passed by the Additional Sessions Judge (FTC), South Bastar, Dantewada in Special Case No. 15/2020 (State of Chhattisgarh v. Budhra Sodi and others) whereby learned trial Court has rejected the application filed by the applicants under Sec. 311 of the Code of Criminal Procedure, 1973 (henceforth "the Code") for recalling of victim/prosecutrix (PW-2) and her sister (PW-1) for their further cross- examination.

(2.) The applicants are facing trial before the trial Court for commission of offence punishable under Ss. 365 and 376 (D) read with Sec. 34 of the IPC and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (henceforth "the POCSO Act"). Victim and her her sister have been examined by both the parties as PW-2 and PW-1, respectively on 8/7/2021. The case is pending before the trial Court. The applicants filed an application under Sec. 311 of the CrPC with the prayer as has been mentioned in opening paragraph of this order, which was rejected by the trial Court vide impugned order. Hence, this revision petition.

(3.) Learned counsel appearing for the applicants would submit that victim/prosecutrix and her sister have been examined as PW-2 and PW-1, respectively and they have also been cross-examined by Junior Counsel in absence of Senior Counsel. It is further submitted that both the witnesses have been cross-examined only about 2-3 lines, which itself shows that both the witnesses, who are material witnesses of the heinous crime, have not been cross-examined properly in respect of the alleged crime. Even they have not been cross-examined about age of the victim/prosecutrix, which is material fact in such type of cases and without examination in that regard, applicants could not make their justifiable defence. It is further submitted that both the parties belong to Tribal Community of District Sukuma (Bastar), who have their own rites and rituals about the marriage and cross-examination in this regard is also necessary, therefore, it is prayed that impugned order be set aside and revision petition be allowed.