MAMTA KUMARI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ashish Raman Mishra, learned counsel for the revisionist as well as learned Additional Government Advocate for the State of U.P. through video conferencing in view of COVID-19 pandemic.

(2.) The revisionist has assailed the order dated 18.03.2021, passed by the Additional Sessions Judge/Special Judge (POCSO), Bahraich in Special Sessions Case No. 36 of 2016 - State Vs. Ajay Kumar, arising out of Case Crime No. 58 of 2016, under Section 376 of the Indian Penal Code (I.P.C). and Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO), Police Station - Jarwal Road, District - Bahraich, whereby the application preferred by the revisionist/prosecutrix under Section 311 Cr.P.C. for re-recording her statement has been rejected.

(3.) It has been submitted by the Counsel for the revisionist that a first information report was lodged on 13.01.2016, under Section 376 I.P.C. and Sections 3/4 of POCSO Act against one Ajay Kumar S/o Peshkar, R/o Tapesipah, Police Station - Jarwal Road, District - Bahraich, alleging that the said accused had sexually assaulted the prosecutrix when she had gone to the fields to ease herself in the morning. Investigation was carried out and statements of prosecutrix under Sections 161 and 164 Cr.P.C. were recorded. She reiterated and supported the contents of first information report and after investigation, charge sheet was filed in the Court, pursuant to which the trial commenced against the accused under Sections 376 I.P.C. and Sections 3/4 of POCSO Act. During trial, statement of prosecutrix was also recorded on 19.10.2018, which has been placed on record. The prosecutrix has stated that on the date of occurrence, when she went outside to ease herself in the morning the accused Ajay Kumar dragged her into the fields and committed rape on her, after which she returned to her house and informed her mother of the said incident and subsequently her father informed the Police. After recording the evidence, the trial is at the stage of final arguments, when the prosecutrix moved an application under Section 311 Cr.P.C. before the trial Court seeking permission to recall her as a witness.