RAJESH KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed against the order dated 26/10/2017 passed by the First Additional Sessions Judge, Vidisha in Special Sessions Trial No.27/2017 by which the application filed by the applicant under Section 311 of Cr.P.C. has been dismissed.

(2.) The necessary facts for disposal of the present application in short are that the father of the prosecutrix lodged a report in the Police Station Gyaraspur on 7/4/2017 that her daughter aged about 12 years and 7 months is missing and he suspected that the applicant must have enticed her and must have kidnapped her. On the basis of said report, offence under Sections 363 and 366-A of IPC was registered. Prosecutrix was recovered and on the basis of the allegations made by her in her case diary statement, an offence under Section 376 of IPC was also registered. The police after concluding the investigation, filed the charge-sheet.

(3.) The prosecutrix was examined and cross-examined. Thereafter, the applicant filed an application under Section 311 of Cr.P.C. seeking recall of the prosecutrix on the ground that initially he had appointed Shri Kaushal and Shri Ashish Jain, Advocates, but those counsel were engaged just for understanding the case. The prosecutrix has suppressed the material facts and she has deposed under the instruction of her counsel and, therefore, she has also not replied to certain questions asked by the defence counsel and had kept quiet. Thus, the prosecutrix has tried to suppress the fact and, therefore, her further cross-examination is necessary. The said application was rejected by the trial court by order dated 26/10/2017 on the ground that full opportunity was given to the counsel for the applicant and recall of the witness is not required.