DWAS RAM SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS revision is directed against the order passed by the Second Additional Sessions Judge, Baloda Bazar in Sessions Trial No. 9/08 whereby the learned Second Additional Sessions Judge has denied for asking the questions during the course of cross-examination of the victim Smt. Pushpa Sahu.

(2.) THE order is challenged on the ground that the trial court has committed iregularity by not allowing the questions relevant for just decision of the case and for the defence.

(3.) THE question relating to relation (Pyar) with the accused was asked to the victim by the defence. Likewise the question that the victim invited the accused and call him at 11 p.m. was asked, but the same was disallowed by the Court and the Court directed the defence that they will not ask any question which reflects the character of the victim, directly or indirectly. Admittedly, both the questions directly reflect the character of the victim.I 5. This is a case against the applicant for the offence punishable under section 376 of the IPC for committing rape on victim. It appears from the perusal of the questions that the defence has asked these questions with a view that the alleged act was committed with the consent of the victim. For taking the defence of consent in case of rape, these questions may be material and the trial court has committed illegality by not allowing the questions to the defence. 6. Accordingly, the revision petition is allowed and the trial court is directed to permit the applicant to ask the questions recorded in paragraphs 7 and 9 of the statement of the victim Smt. Pushpa Sahu. Revision Allowed.