VEDPRAKASH VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

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

(2.) Challenge in this petition under Sec. 482 of Code of Criminal Procedure, 1973 is to the order dtd. 29/7/2022 (Annex. P-1. passed by learned Additional District & Sessions Judge, FTSC (POCSO., Bhatapara, District Balodabazar-Bhatapara (C.G.. in SSC No. 12/2022 thereby rejecting application of petitioner filed under Sec. 311 of the Code of Criminal Procedure, 1973 (henceforth "the Code". seeking cross-examination of PW-01 prosecutrix/victim, PW-02 & PW-03 parents of the prosecutrix/ victim.

(3.) Brief facts of the case is that the petitioner accused is being prosecuted for the offence under Sec. 6 of the Protection of Children from Sexual Offences (POCSO. Act, 2012, under Ss. 376(j., 307/34, 342, 201/34 of the Indian Penal Code and under Sec. 3(2.(v. of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities. Act, 1989 before the Trial Court. On 10/06/2022, the Trial Court recorded the statement of the prosecutrix PW-01 and her parents PW-02 & PW-03, but on that day, the counsel engaged on behalf of the petitioner was at Raipur due to some professional work, therefore, the cross-examination of the prosecutrix and her parents could not be done. An application under Sec. 311 of the Cr.PC. was filed before the Trial Court for recall of the prosecutrix and her parents PW-02 & PW-03 for their crossexamination, as those witnesses have not been cross examined on behalf of the petitioner. By the impugned order the said application was rejected by the Trial Court. Hence, the present petition filed by the petitioner.