RADHESHAYAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The proposed Criminal Revision has been filed challenging the order dtd. 13/12/2023, passed by learned Fast Track Court/ Special Judge (POCSO)/ Additional District Judge, Dehradun in Special Sessions Trial No.121 of 2021, 'State vs. Radheshayam', by which, the learned Judge has rejected the Application of the revisionist, filed under Sec. 311 of the Code of Criminal Procedure, 1973 (in short, 'Code").

(2.) Heard Mr. Sandeep Tandon, learned counsel for the proposed revisionist and Mr. Pratiroop Pandey, learned AGA for the State.

(3.) A charge-sheet was filed against the revisionist ' accused on 20/10/2021. Charges under Sec. 323 of the Indian Penal Code, 1860 (in short, 'IPC'), Sec. 354D IPC and Sec. 11 read with Sec. 12 of the Protection of Children from Sexual Offences Act, 2012 were framed on 17/5/2022. The examination-in-chief of the victim (PW1), aged about 5 years, was recorded on 21/7/2022. Revisionist was present before the Trial Court that day. Cross-examination of the victim was not conducted. Therefore, the revisionist's opportunity to cross-examine the victim was closed. The revisionist filed an Application under Sec. 311 of the Code on 2/9/2022 to summon the victim for cross-examination. On the same day i.e. on 2/9/2022, the said Application, filed by the revisionist, was rejected by the Trial Court.