DIPAK GANGARAM AHIRRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners-accused have challenged the impugned order dated 2-3-2006 passed by IV Ad hoc Additional Sessions Judge, dhule, whereby their application under section 311 of Criminal Procedure Code to recall the witness P. W. 1 Dr. Vandana Wasave was rejected.

(2.) The petitioners' application specially paras 2 and 3 reflect the reason for such application. Those paras are as under :

(3.) Admittedly, the said witness was already examined and further cross-examined by the accused on the point of time of recording statement of Sunita. The prosecutrix P. W. 8 Sunita in her cross-examination on 17-10-2005 made the following statement: