BALVEER Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally at motion stage.

(2.) This revision has been preferred by the applicant under Section 397/401 of Code of Criminal Procedure against the order dated 9.10.2009 passed by Special Sessions Judge, Shivpuri in S.T.No.4 of 2009 by which application filed by complainant/prosecutrix for her re-examination has been dismissed.

(3.) The facts of the case in brief are that on report of one Kunwar Bai Koli, crime No. 109 of 2008 is registered at PS Banmorkalan, District Shivpuri for offence under Section 366 and 376/34 of IPC against applicant and co-accused. After investigation, charge-sheet was filed in the court. Case was committed in the Sessions Court and Sessions Trial No.4 of 2009 is pending in that court. Thereafter, complainant was examined in the court on 28.3.2009. Copy of her statement is Annexure P 2. Then after some time, complainant/prosecutrix filed one application with her affidavit to get herself re-examined again. Copies of the application and affidavit are annexed as Annexure P3 and P4. That application was rejected by the Special Judge, Shivpuri on 9.10.2009. Hence, this revision for set-aside that order.