RAJAN Vs. STATE

JUDGEMENT

(1.) THE revision petitioner is the sole accused facing prosecution for the alleged commission of the offence under Sections 376 and 417 I.P.C. and the offences said to have been taken place ten months prior to 23.02.2006.

(2.) THE revision petitioner/accused has filed C.M.P. No. 415 of 2008 under Section 311 Cr.P.C. to summon P.W. 1/victim stating among other things that the revision petitioner/accused was not fully grown up adult and he could not give instructions to his Counsel to conduct the cross -examination. Though all the witnesses were examined in chief, none of the witnesses was cross -examined on his behalf and therefore, an opportunity may be given to cross -examine all the prosecution witnesses to establish his innocence.

(3.) THE trial Court, has taken note of the facts that now -a -days Section 311 Cr.P.C. is abused which caused unnecessary delay in disposal of the criminal cases and that it is not easy to secure and produce the witnesses before the Court and felt that the reasons stated by the petitioner are not convincing and citing the said reasons, dismissed the petition, vide order dated 17.09.2008.