AJAY BATHAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Sec. 482 of the Cr.P.C. has been preferred by the petitioner against the order dtd. 28/11/2023 passed in Session Trial No.156/2017 SC ATR (Atrocity) by the trial Court whereby right of the petitioner to cross-examine the witness has been closed.

(2.) Precisely stated facts of the case are that on 10/10/2016 at around 10 am to 11 am, the prosecutrix went to Shitala Mata Mandir to make worship where she met one Ajit @ Ajay Batham and he said that when he will go his home, then he will drop her at her home on motorcycle. She gave consent and went with him. Ajay Batham took her near forest railway track where he committed rape upon her forcibly. He left her there while giving threat to beat him if she tells her about this incident to anyone. Thereafter, she went to the house of petitioner's brother namely Pramod where she resided at night and in the next morning, she lodged the FIR against the present petitioner.

(3.) Thereafter, after filing of the charge-sheet, charges were framed against the petitioner and trial was started and prosecution evidence was done as well as statements of most of the witnesses have been recorded except Investigating Officer of the case because when the Investigating Officer was called for cross-examination, then at that time counsel for the petitioner was not present before the trial court as he was engaged in Family Court. For which counsel for the petitioner moved an application for continuing the cross-examination on 29/11/2023 but trial court has not given any heed to the said application. Therefore, petitioner is before this court.