LAWS(MPH)-2018-2-510

DHIRENDRA PANDEY @ DHIRAJ PANDEY @ DHIRU PANDEY S/O SHRI ROHINI PRASAD PANDEY Vs. STATE OF MADHYA PRADESH

Decided On February 02, 2018
Dhirendra Pandey @ Dhiraj Pandey @ Dhiru Pandey S/O Shri Rohini Prasad Pandey Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This application under section 482 of the Cr.P.C., 1973 has been filed to invoke the extra ordinary jurisdiction of this Court and to set aside the order dated 27.12.2017 passed by 1st Additional sessions Judge, Amar Patan, Distt. Satna in S.T. No. 3400138/2016, whereby the application filed by the accused/applicant for summoning certain documents and examine the witnesses under section 311 of the Cr.P.C., 1973 has been disallowed.

(2.) Bereft of the unnecessary details the factual matrix of the case is that the applicant/accused is facing trial for offences under Sections 363, 366 and 376(2) of the I.P.C. r/w Section 6 of the Protection of Children from the Sexual Offences Act, 2012.

(3.) After recording of the evidence of the prosecution and examination of accused under section 313 of the Cr.P.C., 1973 the prosecution moved an application for additional evidence. Head Master of the government Primary School, where the prosecutrix allegedly studied was examined. Further additional examination of the accused was conducted under section 313 of Cr.P.C., 1973