BIRESH BARMAN Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Matter taken up via hybrid mode.

(2.) Heard Mr. S. Panthi, learned counsel for the petitioner who has submitted that the petitioner has approached this Court with this application, seeking to set aside and quash the impugned order dtd. 7/10/2021 passed by the learned Special Judge, (POCSO), Shillong in Spl. (POCSO) Case No. 8/2014 whereby the court was pleased to recall the complainant for further examination and for which the examination-in-chief was recorded by the court.

(3.) Briefly stating the facts, Mr. Panthi, has submitted that pursuant to an FIR dtd. 29/3/2013, a case was registered as Rynjah P.S. Case No. 21(3)2013 u/s 9(n)/10 of the POCSO Act, 2012. On investigation being completed and charge sheet filed, the matter proceeded for trial before the learned Special Judge (POCSO), Shillong. Thereafter, evidence was led by the prosecution and on conclusion of the same, the statement of the accused/petitioner was recorded u/s 313 Cr.P.C and the matter was posted for final argument on a number of dates. It may be mentioned that the complainant when she was initially summoned for recording of her evidence in court, had turned hostile and was accordingly, treated so by the court.