JAVED KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned counsel for the State and perused the record.

(2.) The present application has been filed by the applicants challenging the order dtd. 16/10/2025, passed by the Additional District and Sessions Judge/Special Judge (POCSO) Act, Court No.1, Aligarh in Sessions Trial No.177 of 2017, arising out of Case Crime No.474 of 2016, under Sec. 354-B, 354-D, 323, 509, 506 IPC and Sec. 7/8 of the POCSO Act, Police Station Atrauli, District Aligarh, pending before the Additional District and Sessions Judge/POCSO Act, Court no.1, Aligarh by which the application of the applicant under Sec. 311 Cr.P.C. has been rejected.

(3.) It is submitted by the learned counsel for the applicant that some questions could not be asked from the PW-1 and PW-2, therefore, the application under Sec. 311 Cr.P.C. was moved on 10/10/2025 but the learned Trial Court vide impugned order dtd. 16/10/2025 has wrongly and illegally rejected the same on the ground that the prosecution witnesses have been cross-examined at length and case is fixed for argument and after such a long gap the said application cannot be allowed. The proposed questions, to be asked by the applicant had already been answered by the witnesses during their examination and cross examination. It is also submitted that in the interest of justice, the present application may be allowed by this Court and an opportunity be granted to the applicant to cross-examine the aforesaid prosecution witnesses.