GAURAV SONKAR, AGED ABOUT 21 YEARS, SON OF SHRI DAMODAR SONKAR Vs. STATE OF CHHATTISGARH, THROUGH THE POLICE STATION

JUDGEMENT

(1.) By way of the present Revision petition under Sec. 397 read with Sec. 401 of Crimial P.C. the applicants have challenged the order dated 10.05.2016 passed by the 1st Additional Sessions Judge, Manendragarh, District Korea in Sessions Trial No.11/2011 whereby the Court below has rejected the application under Sec. 233 of Crimial P.C. preferred by the applicants.

(2.) The facts in brief are that the applicants in the instant case are the accused in Sessions Trial No.11/2011 wherein they have been charged for the offence under Sec. 376 of Penal Code and the trial is going on against them since 2011. On 26.03.2012 the prosecutrix was examined before the Court below and was also elaborately cross-examined by the defence. Subsequently, after more than three years time, the prosecutrix filed an affidavit before the trial Court stating that there were certain compelling circumstances which made her file an FIR against the applicants and that after release of the applicants on bail, she got married to applicant No.1 on 31.01.2015 and now she does not want to prosecute the applicants any further.

(3.) Later on, an application under Sec. 311 Crimial P.C. was filed by the applicants before the Court below on 04.02.2016 which was rejected on 15.02.2016 on the ground that no sufficient and strong ground has been made by the defence for recalling the prosecution witness for cross-examination invoking the powers under Sec. 311 of CrPC. Against the said rejection order dated 15.02.2016, the applicants preferred a revision petition before the High Court which was registered as Criminal Revision No. 205 of 2016. The said Criminal Revision came up for hearing on 22.03.2016 and before the Court could enter into the merit of the case, the applicants, at the outset, prayed for withdrawal of the criminal revision with liberty to approach the Court below by moving an application under Sec. 233 of Crimial P.C. which was allowed and the Criminal Revision was accordingly dismissed as withdrawn with the aforesaid liberty. However, the Co-ordinate Bench while allowing the withdrawal of the criminal revision had made an observation that while considering the application under Sec. 233 Crimial P.C. if moved by the defence, the interim order dated 15.02.2016 shall not come in the way of the defence. For ready reference the order dated 22.03.2016 passed in CRR No. 205/16 is reproduced hereunder: