SANTOSH MEGHWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has preferred this revision under Sec. 397 of Cr.P.C. being aggrieved by the order dtd. 31/3/2023 passed by the learned Additional Session Judge, Susner, District Agar Malwa (M.P.) in Sessions Trial No.12/2022, whereby an application preferred under Sec. 311 of Cr.P.C. by the applicant / accused for re cross-examination of the prosecution witness (PW-1) has been dismissed.

(2.) The facts giving rise to the present revision are that on 10/8/2022 prosecutrix along with her father Shankarlal and her aunt (Bua) launched an FIR at Police Station Nalkheda, Agar Malwa by stating that her date of birth is 4/7/2005. The father of the prosecutrix and wife of the applicant/accused namely Vishnu Bai have Rakhi relations for last ten years. Vishnu Bai and her husband / present applicant often used to visited the house of the prosecutrix and they used to talk on mobile phone. On 8/8/2022 at about 4:00 PM while the prosecutrix was going towards the market, near Veterinary Hospital she met the applicant / accused, where applicant with a wrong intention caught hold her left hand and started harassing her. Upon this, the prosecutrix started screaming for help, then the accused left her hand and allegedly threatened her by saying that if she would disclose the incident to anyone, he will kill her. Accordingly, offence has been registered.

(3.) After filing of the charge sheet, charges were framed by the trial Court and applicant was put to trial. Prosecution has examined some witnesses and case is fixed for examination of the remaining prosecution witnesses.