PINTU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicants are accused in S.T.No. 1302 of 1999 State v. Pintu and another, under Section 376 I.P.C. pending in the Court of XI Addl. Sessions Judge, Bulandshahr. In the case, the statements of the applicants were recorded under Section 313 Cr.P.C. on 25-7-2001. One of the questions, which was question No. 10, put to the applicants was whether they want to adduce evidence in defence. The reply given to this question by the applicants was in negative.

(2.) Thereafter, the applicants moved an application that the statements under Section 313 Cr.P.C. were recorded in the absence of the their counsel; that the reply to question No. 10 in negative has been recorded by mistake; that they want to adduce oral as well as documentary evidence in defence. The request has been rejected by the impugned order, dated 8-01-2002 by the trial Court. Aggrieved by it, this petition has been preferred.

(3.) I have heard Sri R.P.S. Yadav, learned counsel for the petitioners and the learned A.G.A.