X Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent of parties.

(2.) Original Informant is required to invoke the constitutional powers of this Court under Articles 226 and 227 of Constitution of India as well as inherent powers of this Court, under Section 482 of Code of Criminal Procedure to challenge the order passed on 04-06-2019 and 26-08- 2019 by learned Judicial Magistrate First Class, Jalna; thereby allowing the respondent No.2/ original accused to put questions in respect of electronic evidence.

(3.) The factual matrix leading to the petition are that, respondent No.2 with one child- in-conflict with law, stood prosecuted for the offence punishable under Section 354, 504, 506 r/w. 34 of Indian Penal Code. The incident is stated to have occurred when the informant had gone to a shop for purchasing cake. After presentation of the charge-sheet against present respondent No.2, charge has been framed against him. The trial proceeded after he has pleaded not guilty. Examination-in-chief of the informant was recorded. Her cross-examination was completed on 14-12-2016. Thereafter it appears that as the matter was still pending, an application at Ex.37 came to be filed on behalf of the accused on 16-05-2018 for re- calling of PW 1, i.e. Present petitioner/informant and allowing the defence to cross-examine her. It was contended in the said application that accused has obtained a copy of the recording of CCTV camera in the form of CD with great efforts. It was specifically stated in the application that the shop owner had left the place, at the time of alleged incident, and therefore, the accused could not secure the said piece of evidence at the time when cross-examination of the informant was conducted on his behalf earlier. He could secure the CCTV footage after her cross. She has not disputed that there were CCTV cameras in the shop. The investigating officer had not collected the said footage. It was further contended that he was using another mobile during 2011-2012 and that mobile had got damaged. He has restored the password from his Facebook account. He could not collect the conversation data with informant, before the cross-examination of the informant earlier conducted. Now, he wants to produce both the pieces of evidence and wants to cross-examine the informant. He is not filling up the lacuna but it is necessary under these circumstances. Hence, he prayed that she be re-called for the cross-examination.