SHIVNARAYAN CHAUHAN Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard.

(2.) The petitioner has preferred this instant petition under Sec. 482 of Cr.P.C., challenging the order dtd. 1/12/2023 passed by the Upper Sessions Judge, 4thF.T.S.C. Special Court (POCSO Act) Durg, Distt. Durg (C.G.) in Criminal Case No. SCC POCSO/175/2022 (AnnexureP-1), whereby, the application preferred by the petitioner under Sec. 311 of Cr.P.C. for recalling the victim/prosecutrix for her re cross-examination, has been dismissed.

(3.) Facts of the case in brief are that, Criminal Case No. SCC POCSO/175/2022 filed against the petitioner/accused for the offences punishable under Ss. 363, 366, 376(2)(n) of IPC, and Sec. 5(k) and 6 of POCSO Act, 2012 (for short 'the Act of 2012'), is pending before the Upper Sessions Judge, 4thF.T.S.C. (POCSO Act) Durg, Distt. Durg (C.G.). In the said case, deposition of victim/prosecutrix was recorded on 6/2/2023 and after examination of victim/prosecutrix, an application under Sec. 311 of Cr.P.C. was moved by the petitioner/accused for recalling of victim for her re-cross-examination, which was rejected by the learned Special Court vide impugned Order dtd. 1/12/2023.