PAWAN KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been filed by Pawan Kumar against the order dated 4.10.2010 passed by the learned Additional Sessions Judge, Unnao by which the application of the prosecution under Section 319 Cr.P.C. was allowed.

(2.) The facts in nut shell are that FIR was lodged by Smt. Sarvari naming Brijpal, Jagdish, Arvind, Sushil and Pawan. After investigation charge sheet was submitted leaving the name of Pawan. After committal of the case PW-1 was examined, but before her cross examination an application under Section 319 Cr.P.C. was moved, which was allowed by the impugned order. Feeling aggrieved, this criminal revision has been filed.

(3.) It was submitted from the side of the revisionist that the trial court has, on the basis of uncross examined the testimony of PW-1 summoned the revisionist Pawan Kumar, which is not permitted in view of the decision of the Apex Court in the case of Mohd. Safi v. Mohd. Rafiq, 2007 14 SCC 544. It was also submitted that the court below has not given any finding that unrebutted testimony of the witness is sufficient for conviction of the revisionist. In view of this the order passed by the is wrong.