SIRAJUL HUSAIN Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed by the applicant under the provisions of Section 482 of the Cr.P.C. (hereinafter referred to as 'the Code'), being aggrieved by order dated 14.12.2015, passed by learned Special Judge, Waidhan, District Singrouli in Special Case No.52/2013, whereby the application filed by the applicant under the provisions of Section 311 of the Code for recalling of the prosecution witnesses i.e. PW/1 and PW/2 has been rejected.

(2.) The case of the prosecution in short is that minor prosecutrix while going to school on 24.10.2013 at 10:30 o'clock, at that relevant point of time the applicant abducted her and committed rape with her on various places. After recovery the prosecutrix was medically examined and on completion of due investigation the applicant was charge-sheeted for the offence punishable under Sections 363, 366 and 376(2)(n) of IPC and Section 5/6 of the Prevention of Children from Sexual Offence Act, 2012.

(3.) The applicant abjured his guilt, hence trial commenced during which the prosecutrix (PW/1) and her father Dildar Singh (PW/2) released after examination.