MOHD AASIM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant before this Court is an accused for the offences punishable under Sections 376 and 506 of I.P.C. and Section 3/4 Protection of Children from Sexual Offence Act in Special Sessions Trial No. 47 of 2014, which is pending in the court of Fast Track Court/Additional District & Sessions Judge/Special Judge (POCSO), Dehradun.

(2.) The Special Judge (POCSO) framed the charges under the aforesaid Sections against the applicant on 02.02.2015 and thereafter the court concerned took cognizance in the matter against the applicant. The age of the girl/victim was 16 years on the date of incident. The girl/victim Palak (P.W.1) was examined on 29.04.2015 and she was also cross-examined on the same day. Thereafter her father Shiv Prasad Uniyal (P.W.2) was also examined, as prosecution witness, and gave his examination and examination-in-chief on 05.06.2015.

(3.) Now on 27.07.2015 the applicant/accused engaged another counsel and that new counsel moved an application, under Section 311 of Cr.P.C., for recalling the two witnesses of the prosecution i.e. P.W.1 and P.W.2. This application has been rejected by the court concerned vide order dated 12.08.2015. Aggrieved by the said rejection order, the applicant preferred present application before this Court.