RAGHUNATH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vinay Kumar Advocate, Sri S.K. Sharma Advocate, learned counsels for the applicant, learned A.G.A. for the State and perused the materials and documents on record.

(2.) The present application under Section 482 Cr.P.C has been filed with a prayer to quash the order dated 04.10.2019 passed by the learned Special Judge (POCSO)/Additional Session Judge, Kanpur Nagar, in Session trial No. 9 of 2013, arising out of Case Crime No. 466 of 2013, under Sections 376 , 504 , 506 , 406 I.P.C., P.S. Kalyanpur, District- Kanpur Nagar, whereby the application under Section 311 Cr.P.C filed by the applicant to recall PW-2, prosecutrix for cross-examination has been dismissed.

(3.) The applicant is an accused under Sections 376 , 504 , 506 and 406 I.P.C, presently facing trial. The statement under Section 164 Cr.P.C of PW-2, prosecutrix was recorded on 02.11.2015 and thereafter on account of non-presence of the prosecutrix and mostly at the instance of prosecution; the case got continuously adjourned from 19.12.2015 to 06.10.2018. Thereafter on 03.11.2018 the prosecution proved the statement of the prosecutrix, however, since the counsel of the applicant was not present for cross-examination neither any adjournment application was filed by the defence counsel, as such the concerned court below closed the opportunity of defence to cross-examine the PW-2, prosecutrix vide same order dated 03.11.2018. Subsequently, on 20.12.2018 an application under Section 311 Cr.P.C. was filed, for recall of PW-2 for cross-examination, which has been rejected under the impugned order dated 04.10.2019.