DHARMENDRA PANKAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant revision is listed for hearing on admission. With the consent of Learned Counsel appearing for the parties, the matter is heard finally at the motion stage itself.

(2.) The revision arises out of the order dated 15.12.2017 passed by 3 rd Additional Sessions Judge, Bilaspur in Special Case No.533 of 2016 rejecting the application under Section 311 of the Code of Criminal Procedure preferred by the accused/Applicant.

(3.) Facts of the case, in brief, are that Dashodabai (PW3), mother of the prosecutrix lodged a missing report regarding missing of her daughter (the prosecutrix) aged about 16 years on 3.9.2016. It is alleged that the accused/Applicant had taken the prosecutrix away from her lawful possession of her parents and committed rape with the prosecutrix. A charge-sheet under Sections 363, 366, 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act was filed against the accused/Applicant and charges were framed against him. The prosecutrix (PW2), her mother Dashodabai (PW3) and her father Sonsai (PW4) were examined before the Trial Court. After the statements of above witnesses were recorded in the Court, both the parties convened a social meeting in their community and arrived at a compromise that since both the parties belong to a same caste and both the prosecutrix and the Applicant are unmarried, marriage of the Applicant with the prosecutrix will be performed. Thereafter, the accused/Applicant moved an application under Section 311 of the Code of Criminal Procedure before the Trial Court for recalling the witnesses, i.e., the prosecutrix (PW2), Dashodabai (PW3) and Sonsai (PW4) in the Court. The said application of the Applicant has been rejected by the impugned order. Hence, this revision.