RATNAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present petition has been filed by the original accused persons challenging the order below Exhibit 70 in Special Case (POCSO Act) No. 112 of 2017, by learned Additional Sessions Judge, Aurangbad on 24-12-2019 thereby rejecting the said application Exhibit 70 which was filed by the present petitioners/ accused persons for recalling the witness under Section 311 of the Code of Criminal Procedure.

(2.) The factual matrix leading to the present petition are that the petitioners are facing trial for the offence punishable under Section 354-A , 354C , 323 , 504 , 506 read with 34 of the Indian Penal Code along with Section 7, 8, 11 and 12 of Prevention of Children From Sexual Offences Act, 2012. On the First Information Report lodged by the victim girl, the offence has been registered. The present petitioners No.1 to 4 are the relatives interse of the victim and petitioner No.5 is the driver with the petitioners No.1 to 4. Two witnesses have been examined in the case and the trial is still going on. The present petitioner No.1 filed application at Exhibit 70 stating that, the victim P.W.1 be recalled as the omissions and contradictions in evidence remained to be brought on record. It was also contended that, the omissions and contradictions are not mechanical but important part of evidence, enlightening the truth and veracity of the evidence of the witness and, therefore, it is required to be brought on record by proper adjudication of the case. Opportunity of fair trial is required to be given to the accused also. Those contradictions since remained to be put to the witness, they cannot be put to the Investigating Officer, and the sole purpose of cross-examination will frustrate and, therefore, they had prayed for recalling of P.W.1.

(3.) Objection was taken by the learned Additional Public Prosecutor stating that, recalling a witness cannot be a routine affair. Since the matter is under Special Act , the application deserves to be rejected in the paramount interest of the victim.