DHARMENDRA JADON Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Cr.P.C. against the impugned order dated 22.12.2017 passed by the court of Special Judge (Atrocities) Vidisha in Special Sessions Case No.131/2015, whereby his application under Section 311 Cr.P.C. (for short 'the application') has been disallowed.

(2.) Short facts of the case for just and proper adjudication of this petition are that the petitioner has been facing trial in the said case under Sections 354, 376 and 506 of the IPC, 3 r.w. 4 of the POCSO Act and 3 (1)(xii) of the S.C. and S.T. Act before the said Court. The learned Special Judge has recorded the evidence of the prosecutrix, her mother and brother as witnesses No.PW/1 to PW/3 respectively. On 12.09.2017, the application was filed on behalf of the petitioner stating that his previous counsel had not cross-examined properly all the three witnesses in respect of the discrepancies, inconsistencies and the contradictions appearing in their evidence. Therefore, their further re-cross examinations are necessary to secure justice from the court for him in the case. Consequently, they be recalled for further cross-examinations. The petitioner is ready to bear their expenses.

(3.) Having heard the arguments on the application raised by the learned counsel for the parties, the learned Special Judge dismissed the application vide the impugned order holding that a senior counsel had cross-examined all the three witnesses in detail, therefore, there is no cogent and reasonable ground exist to recall all the three witnesses for further cross-examinations.