SHEKHAR TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Dilip Kumar, learned Counsel for the Petitioner and Mr. I.B. Singh, learned Senior Advocate Special Public Prosecutor as well as Mr. Salil Srivastava, learned Counsel for opposite party No. 2.

(2.) The Petitioner has challenged the order dated 21.01.2011 passed by the Special Judge, Ayodhya Prakaran/Additional Sessions Judge, Lucknow in Session Trial No. 446 of 2009 and 447 of 2009.

(3.) By means of order impugned the Petitioner's application being Application No. 192-B to summon P.W.10 and to take the sample of her voice and photographs of her face and body for seeking expert opinion of any of the Central Forensic Laboratory has been rejected. The learned Sessions Judge has rejected the application on the ground that neither the witness D.W.11 nor accused provided D.V.D. to the Investigating Officer which is recording of interview of P.W.10 Smt. Shashi Gupta for investigation nor did they raise such objection during the course of the investigation. Further during the course of examination of P.W.10 no such application was moved on behalf of the accused and the statements of witnesses have to be evaluated in the light of the transcript of interview of P.W.10 demonstrated on Screen as well as on the basis of D.V.D. provided by the D.W.11. The learned sessions court has also considered the factum of delay in the matter and keeping in view the past efforts made by the accused to delay the proceedings, the application in question has also been treated in the same series.