NAFEES AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal miscellaneous application has been filed by the petitioner/accused under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita (for short, B.N.S.S.) seeking recall of PW1 for examination, as prayed for in the application previously filed under Sec. 311 of Cr.P.C. (now Sec. 348 of the B.N.S.S.). Petitioner/accused also seeks to quash the order dtd. 24/8/2024 passed by the learned Additional Sessions Judge/Fast Track Special Court, Rudrapur, District Udham Singh Nagar in Special Sessions Trial No. 854 of 2023 "State vs. Nafees Ahmad", whereby the learned trial court has dismissed the application moved by the petitioner/accused under Sec. 311 of Cr.P.C. for recalling PW1.

(2.) Brief facts of the case are that on 21/7/2023 F.I.R. No. 316 of 2023 was registered at Police Station Khatima, District Udham Singh Nagar, under Ss. 354 of IPC and Ss. 9/10 of POCSO Act against the petitioner/accused with the allegations of outraging the modesty of women. It was also alleged that the petitioner/accused, who is employed as a teacher in the school where PW1 to PW6 are students, indulged in eve-teasing and inappropriate behavior toward the said girl students.

(3.) After completion of investigation, charge- sheet dtd. 27/8/2023 was filed against the present petitioner/accused; that, six victims had initially levelled allegations against the petitioner/accused, while the remaining persons cited in the charge-sheet are other witnesses. Subsequently, the trial commenced, and nine prosecution witnesses have been examined before the learned Trial Court.