ROHIT KUMAR DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Petition has been filed under Sec. 482 of Cr.P.C. for challenging the order dtd. 10/5/2022 passed by the Additional Sessions Judge FTC (POCSO), Kondagaon, District Kondagaon in Special Sessions Case (POCSO) No.10/2019 whereby, the application preferred by the Petitioner under Sec. 311 Cr.P.C for recalling the prosecutrix for further cross-examination, was dismissed.

(2.) Brief facts of the case are that charge sheet has been filed against the Petitioner for the offence under Sec. 376 IPC as also under Ss. 4 and 6 of the POCSO Act for which, the prosecutrix was examined on 13/2/2020. Thereafter, the Petitioner had moved an application for recalling the prosecutrix for further cross-examination on 8/4/2022 by engaging another Counsel, which was dismissed by the impugned order. Hence this Petition.

(3.) Shri Agrawal submits that the allegation against the Petitioner is serious in nature and there is stringent punishment under the law to that extent, therefore, re-cross-examination of the prosecutrix is necessary for just decision of the case, therefore, not allowing the application filed by the Petitioner for recalling the prosecutrix is bad in law as there are well settled principles of criminal justice that the client should not suffer due to latches of the Counsel and the trial Court has dismissed the said application, which is not in accordance with law and the ambit and scope of Sec. 311 Cr.P.C has been dealt with in the matter of Varsha Garg vs. State of Madhya Pradesh and Ors reported in 2022 SCC OnLine SC 986 as also in various catena of judgments. He lastly submits that to find out the truth and for just decision, further cross-examination of the prosecutrix is necessary so that proper adjudication of the case can be made therefore, prays to quash the impugned order and allow the Petition.