PAHALWAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of Cr.P.C questioning the validity of the order passed by the Court below on 13/01/2021 i.e Special Judge, SC/ST Act, Jabalpur in SC Case No. 177/2018 rejecting the application submitted by the petitioner under Sec. 311 of Cr.P.C for recalling of prosecution witness no.2 namely Sapna Choudhary.

(2.) As per the case of the prosecution, complainant lodged the FIR on 16/04/2018 alleging therein that on 07/04/2018 present petitioner along with other co-accused forcefully abducted the prosecutrix and till 11/04/2018 committed sexual intercourse with her one by one against her will. Offence has been registered vide Crime No. 159/2018 charge sheet was filed and prosecutrix got examined.

(3.) After examination of the prosecutrix a detailed cross examination was done, but thereafter, she filed an affidavit on 30/07/2020 before the High Court in a pending bail application of the applicant stating therein that he has not committed any crime with her and also pleaded no objection if the bail is granted to him.