AKASH RATHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present petition under Sec. 482 of CrPC has been filed assailing the order dtd. 15/10/2022 passed by Special Judge, POCSO Act, Morena in S.C. No. 53 of 2019, by which the application filed by the petitioner under Sec. 311 of CrPC has been rejected.

(2.) The case in brief is that upon the report lodged before Police Station City Kotwali, District Morena, a case under Sec. 363 of IPC has been registered against the petitioner - accused. During trial, the prosecution as well as the defence completed its evidence and the case was fixed for final arguments. At that stage, the petitioner - accused filed an application under Sec. 311 of CrPC for re-cross-examination of the prosecutrix in respect to marriage agreement (Exhibit - D/5), which was dismissed by the trial Court by order impugned.

(3.) Learned counsel for the petitioner argued that the impugned order is perverse and against the settled principle of law. Re-cross-examination of the prosecutrix is necessary to defend the case of the petitioner, therefore, the impugned order be quashed and the petitioner be permitted to cross-examine the prosecutrix again in respect to marriage agreement (Exhibit D-5).