JAIDEV Vs. STATE

JUDGEMENT

(1.) The present petition has been filed assailing the order dated 06.07.2019, whereby the petitioner's application under Section 311 Cr.P.C. to recall the child witness was dismissed.

(2.) Mr. M.N. Dudeja and Mr. G.P. Thareja, learned counsels for the petitioner have submitted that earlier the child witness could not be cross-examined and thereafter the opportunity to cross-examine was closed. It was further contended that the cross-examination of the child is necessary and absence of the same would cause grave prejudice to the petitioner.

(3.) Learned Standing Counsel for the State has vehemently opposed the petition and submits that repeated calling of the child witness results in re-living the trauma and ought not to be allowed in view of Section 33(5) of POCSO Act. He has also pointed out that disciplinary action has also been taken against the petitioner and he has retired with immediate effect vide order dated 18.11.2019.