LAXMANJI JETHAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner had been accused of the offence triable under Section 376 of the Indian Penal Code (for short 'IPC') in ICR No.22 of 2005 registered at Vadgam Police Station, Palanpur. During the course of trial, the prosecutrix, as well as, one Somaji Thakor deposed before the Court, effectively not supporting the prosecution case. However, during the course of trial, original complainant ­ prosecutrix tendered an application Exh.28 alleging that she and her husband was under the threat of the accused and others and, therefore, requested the trial Court to exercise the powers under Section 311 of the Code of Criminal Procedure, 1973 (for short 'Code') by recalling the original complainant and her husband. However, the said application was disposed of as withdrawn on 21/11/2005 in view of pursis Exh.33 stating that Exh.28 was not pressed.

(2.) IT appears that before passing of such order, the prosecutrix moved this Court by filing Special Criminal Application No.1629 of 2005 on the same date i.e. 21/11/2005 making a grievance that without deciding the application Exh.28, the trial Court wanted to proceed with the matter.

(3.) BY a reasoned order dated 01/08/2007, the learned Sessions Judge, Banaskantha at Palanpur accepted the said application, which has aggrieved the accused, who is before this Court in this revision application, questioning the said order on various grounds.