NARINDER SINGH Vs. STATE

JUDGEMENT

(1.) The present criminal revision petition has been filed under section 397 & 401 r/w Section 482 Cr.P.C. assailing the order dated 29.09.2020 passed by Addl. Sessions Judge-01, (POCSO), Distt. North, Rohini Courts, Delhi.

(2.) By the impugned order, the trial court dismissed the petitioner's application under Section 311 Cr.P.C. seeking recall of PW-1 (victim) and PW-4 (father of victim) in FIR No.404/2017, under Section 354 IPC & Section 8 POCSO Act, P.S. K.N. Katju Marg, New Delhi.

(3.) Learned counsel for the petitioner submits that on earlier occasion, cross-examination could not be conducted due to the non-availability of the main counsel and subsequently when the opportunity was granted the petitioner could not brief his new counsel properly and as such certain essential and material questions regarding the presence of other persons at the spot could not be put in the cross-examination of PW-1. He further submits that PW-1 and PW-4 are material witnesses and their proper crossexamination is essential for just decision of the case.