LILIYANBEN HABIBBHAI SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the petitioner and learned APP for the State. Petitioner is original complainant and eye-witness in a post Godhra riot case. She has complained about destruction of property and household belongings by a mob of rioters. It is stated that initially investigation was closed, however, the State reopened the investigation pursuant to which charge-sheet has been filed against 10 or 11 accused.

(2.) During the conduct of the trial, deposition of the petitioner was recorded on 17.11.2008. On behalf of the petitioner, however, an application came to be filed on 02.02.2009 stating that in the examination, an important question has not been put to the witness. She had referred to a big mob, however, who were the people in the said mob was never asked to her. It is, therefore, prayed that she may be recalled as a witness.

(3.) This application came to be dismissed by the learned Additional Sessions Judge by the impugned order dated 22.06.2009. Hence, the petition.