SHANKAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Revision filed under section 397 read with section 401 of Cr.P.C. is directed against the order passed by learned Additional Sessions Judge, Mahidpur, District ­ Ujjain in Sessions Trial No.123/2015 dated 28.10.2015.

(2.) The brief facts giving rise to this revision are that earlier charge was framed against the present applicant under section 8 of Protection of Children from Sexual Offences Act, subsequently, after recording of 5 prosecution witnesses, learned trial Court opined that charge should be modified and charges under sections 354 and 506 -B of IPC should also be framed. Accordingly, charges were altered by the impugned order dated 28.10.2015 under sections 354 and 506 -B of IPC and then under section 217 of Cr.P.C., it was directed by the trial Court to recall PW -1, who was the prosecutrix and PW -4 Suresingh. So far as prosecution witnesses No. 2, 3, 5 and 6 are concerned, they were not recalled by the trial Court.

(3.) Counsel for the applicant submits that he has only a short prayer to make in this case. According to him, after alteration of charge, all the prosecution witnesses should be recalled and he should be given an opportunity to cross examine them.