ANKIT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This application filed under Sec. 528 of the B.N.S.S. 2023 has been filed by applicant challenging the judgment and order dtd. 9/10/2025 passed by learned Additional Sessions Judge/FTSC, Rudrapur, District Udham Singh Nagar, in Special Sessions Trial No.366 of 2024 State Vs. Ankit, for the offences punishable under Ss. 363, 366, 376 IPC and under Sec. 3/4 of the Protection of Children from Sexual Offences Act (POCSO), 2012, whereby, the application under Sec. 311 Cr.P.C. dtd. 3/9/2025 moved by the applicant has been rejected.

(2.) It has been submitted by learned counsel for the applicant that although PW1-prosecutrix was examined on 18/7/2024 and PW-2-father of prosecutrix was examined on 26/9/2024. But, on scrutiny of the evidences, it was found that certain question regarding the age of victim could not have been asked from the victim and her father in cross-examination, and therefore, an application under Sec. 311 Cr.P.C. was moved on 3/9/2025 with a prayer to recall these witnesses and to permit to cross-examine these two witnesses by learned counsel for the applicant-accused.

(3.) It is argued by learned counsel for the applicant that the case is of POCSO, and therefore, age of the victim in the said case is very crucial for just and proper decision of the case. Thus, the opportunity for recalling the witnesses and permitting the applicant to cross-examine them, cannot be denied by the learned Trial Court.