GOPAL GANPAT KARANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. ADMIT. By consent of both the learned Counsel appearing for the parties, the matter is taken up for final hearing.

(2.) The applicant who is accused in the Sessions Case No.223 of 2016 has challenged the order dtd. 9/6/2022 by which the Trial Court has declined to recall PW1 - father of the Victim, PW2 - the victim and PW6 - the Investigating Officer.

(3.) It is the applicant's contentions that the victim as well as her father has not stated the date of birth in their police statement, however, they have made said improvement during the course of evidence. The applicant wanted to bring the said omission on the record to substantiate his stand. It reveals that though the victim has stated her date of birth in her statement recorded by the Magistrate in terms of Sec. 164 of the Code of Criminal Procedure, however the fact remains that in her initial report, she did not disclose her date of birth.