GARADIYA Vs. STATE OF MP

JUDGEMENT

(1.) The applicant has preferred this petition under Section 482 of the Cr.P.C. against order dated 04/12/2019 passed by Second Additional Sessions Judge, Khargone in Special Case No. 42/2019, whereby the application filed by the applicant under Section 311 of the Cr.P.C. for recalling the prosecutrix (PW 1) for further cross-examination has been rejected.

(2.) The facts giving rise to this petition are that the applicant is facing trial for offence under Sections 363 , 366A , 376(2) , 376(d) and 506 of the IPC alongwith Sections 3 / 4 and 5(N) / 6 of the Protection of Children from Sexual Offences Act, 2012. During the trial prosecution examined prosecutrix (PW 1). She was fully cross-examined by the learned counsel of the applicant on 03/10/2019. Thereafter, applicant/accused moved an application under Section 311 of the Cr.P.C. for recalling the said witnesses on the ground that he was represented by Advocate Shri R.S. Dabar and he could not put the some necessary questions in the cross-examination of the prosecutrix (PW 1), which were required to prove the innocence of the applicant.

(3.) The trial Court after considering reasons mentioned in the application for recalling the prosecutrix for further cross- examination, rejected the application by holding that examination of the witness sought to be unnecessary, although, he had given full opportunity for cross-examination and his advocate has done detailed cross-examination, therefore, there is no need for recalling of the said witnesses for further cross- examination. Being aggrieved with the impugned order, applicant have filed the present petition.