STATE OF MAHARASHTRA Vs. SHRIKANT BANDU BHOJNE

JUDGEMENT

(1.) Heard. By consent, admitted and taken up for final hearing forthwith. By consent, calling for Record and Proceedings dispensed with.

(2.) The respondent is the sole accused in Sessions Case No.116/2010 pending before the Sessions Court, at Parbhani. In that case, the First Information Report came to be lodged on the allegations that the respondent herein and one Suresh Shelke had committed the offences punishable under Sections 376 of the Indian Penal Code and 366 of the Indian Penal Code read with Section 34 of Indian Penal Code. After investigation, the Investigating Agency filed charge sheet only against the respondent alleging the commission of offences punishable under Sections 376 of Indian Penal Code and 366 of Indian Penal Code by the respondent. The charge of offences punishable under Sections 376 of Indian Penal Code and 366 of Indian Penal Code was framed on 20.4.2011 and the case was kept for recording of evidence. After the evidence of the victim the first witness for prosecution was recorded, the prosecution filed an application before the Trial Court requesting the Court to frame an additional charge in the matter. The Court, however, completed the recording of the evidence of the victim PW1. After cross examination of the victim was over, prosecution filed an application (Exh.11) praying that the prosecution be permitted to reexamine the P.W.1. The Court, however, rejected the same by an order dated 11.08.2011.

(3.) Being aggrieved by the orders dated 11.8.2011 and 18.8.2011 passed by the learned Additional Sessions Judge2, Parbhani, the State of Maharashtra has approached this Court invoking its revisional jurisdiction and challenging the said orders.