DILIP Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed present appeal under Sec. 14-A of SC and ST ( Prevention of Atrocities) Act, 1989 being aggrieved by impugned order dtd. 22/6/2023 passed by Special Judge (under SC & ST Act), Rajgarh, whereby the application filed by the appellant under Sec. 311 of Cr.P.C for cross-examination of the prosecutrix has been dismissed.

(2.) Brief facts of the case are that the appellant is facing trial for the offence under Sec. 354, 354-A. 323 of IPC and Sec. 3(1)(w) (ii) and 3(2)(va) of SC & ST ( Prevention of Atrocities) Act, 1989. After filing of charge-sheet, charges were framed and the appellant was put to trial. Prosecution examined the prosecutrix (PW-1) and her husband and the case is pending for cross-examination of other prosecution witnesses.

(3.) The appellant filed an application under Sec. 311 of Cr.P.C before the trial Court for summoning earlier examined proxecutrix for further effective cross-examination in respect of some photographs and pen drive filed by the appellant. After hearing both the parties, the trial Court dismissed the application vide order dtd. 22/6/2023, therefore, the appellant has challenged the said order before this Court by filing present appeal.