MANSARAM SHALIGRAM SAWALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant. Admit. Ms Kalyani Deshpande, learned Additional Public Prosecutor waives notice for respondent-State. Since the question involved in the application is very limited, the same is taken up for final disposal forthwith by consent of parties.

(2.) Applicants are accused in Sessions Trial No. 7 of 2010 and are facing prosecution for the offence punishable under Section 376 (g) read with Section 109 of the Indian Penal Code. After the evidence of the prosecutrix (P. W. 1) was over, applicants moved application for recalling her for the purpose of further cross-examination. It was stated that omissions and contradictions were not brought on record.

(3.) Even though there was no mention in the application that failure to bring on record omissions and contradictions were attributable to the earlier advocate, it was argued before the Sessions Court as well as before this Court that for the inefficiency of the lawyer, accused who are suffering serious accusations, should not suffer.