MANGILAL @ MANGU Vs. STATE OF M.P.

JUDGEMENT

(1.) WITH the consent of both the parties, the matter is finally heard at the motion stage.

(2.) THE petitioner/accused has preferred this petition under Section 482 of Cr.P.C. being aggrieved by the order 24.4.2014 passed by Special Judge, Guna in Sessions trial No. 9/14 dismissing the applications filed by the petitioner under Section 311 of Cr.P.C. for recalling the prosecutrix for cross -examination and under Section 53(A) of Cr.P.C. for getting her D.N.A. Test conducted.

(3.) AS per the prosecution story the prosecutrix, deaf and dumb was raped by the petitioner/accused. After investigation, the charge sheet was filed against him and charges were framed under Section 376, 456 of IPC and Section 3(1)(xii) of S.C./S.T. Act. During trial, the statement of prosecutrix was recorded with the help of a government teacher posted at Higher Secondary School for the deaf and dumb.