RITESH KUMAR MURTI Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) Present Revision Petition has been preferred by the petitioner to challenge the legality and correctness of an order dated 15.02.2016 by which the application under Section 311 Cr.P.C. to recall the prosecutrix for cross - examination was rejected. Status report is on record.

(2.) I have heard the learned counsel for the parties and have examined the file. The petitioner is facing trial under Section 376 IPC and Section 6 POCSO Act. The prosecutrix 'X' (assumed name) was examined on 3.08.2015. Admitted position is that on that day, lawyers were on strike.

(3.) Since the prosecutrix is a material witness and her cross - examination by the authorized counsel of the petitioner is necessary for the just decision of the case, PW -1 needs to be recalled for further cross - examination. For inconvenience to the prosecutrix being a child aged around five years, the petitioner can be burdened with costs of Rs.20,000/ - to be paid to the prosecutrix/her parents on the date of her examination.