VISHNU PRADHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS revision is directed against the order dated 31. 7. 2008 passed by the Additional Sessions Judge, ambikapur, in Sessions Trial No. 145/2007 rejecting the application filed by the accused/ applicant for recalling the prosecutrix for examination holding that subsequent affidavit filed by the prosecutrix is not a ground for recalling the witness in accordance with Section 231 read with 311 of the Code of Criminal Procedure.

(2.) THE order is challenged on the ground that the Trial Court has committed an illegality by rejecting the application of the accused/applicant for recalling the prosecutrix for examination.

(3.) HEARD Shri P. K. Verma learned Sr. counsel with Shri Raghvendra Verma for the applicant and Ms. Sangita Mishra PL for the respondent/state, and perused the fir, affidavit filed by the prqsecutrix and copy of the application for recalling the prosecutrix.