RAMSHANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application filed under Sec. 397 and 401 of the Code of Criminal Procedure, 1973 (for short " the Cr.P.C), the applicant-original accused challenged the impugned order passed by the learned Special Judge, (POCSO) Gandhinagar, in Special Case (POCSO) No. 71 of 2022.

(2.) The brief facts giving rise to the present application are, as under:

(3.) Being aggrieved and dissatisfied with the order dtd. 19/10/2023 passed that learned Special Judge(POSCO), Gandhinagar, the applicants have filed the present application mainly stating that the learned Trial Court has erred in facts and law in rejecting the application and as the complainant has turned hostile, the victim needs to be further cross-examined, which is not considered by the learned Trial Court and hence, the application be allowed and the learned Trial Court be directed to allow the applicants for further cross-examination of the victim.