IN RE Vs. JAMUNA THAPA

JUDGEMENT

(1.) The present petition has been filed under section 401 read with section 482 of the Code of Criminal Procedure assailing the order dated July 31, 2012 passed by the Additional Sessions Judge, Fast Track Court, Kerseong, Darjeeling, in Sessions Case No. 37 of 2010 arising out of Kerseong P. S. Case No. 111 dated July 15, 2010 for commission of offence punishable under sections 366/368 of the Indian Penal Code.

(2.) The petitioner claim that she is a housewife and at present is admitted in North Bengal Medical College and Hospital for treatment of HIV. The petitioner was named as accused in Case No. 111 dated July 15, 2010 lodged at the instance of one Mansingh Gurung. The charge sheet was submitted against the petitioner under Sections 365/366/368/376 of the Indian Penal Code read with Sections 4.5.6 of the Immoral Traffic (Prevention) Act, 1956. The prosecution in the charge-sheet no. 122 dated October 3, 2010 cited eighteen witnesses. The petitioner was named as accused along with one Sangeeta Chettri. By order dated April 29, 2011 for offence punishable under Sections 366/368 of the Indian Penal Code, the prosecution examined five witnesses. Thereafter the prime accused, Bishan Chettri, was arrested. It is stated that Shri Bishal Chettri was summoned to stand for trial under Section 319 of the Code of Criminal Procedure.

(3.) Shri Bipiab Mitra, appearing for the petitioner submitted that the evidence of five witnesses recorded in the presence of the petitioner ought to be accepted and after framing of charge against Bishal Chettri, five witnesses be re-examined qua Bishal Chettri only and he be given an opportunity of cross-examining them. Therefore, re-examination of the five witnesses already examined by the prosecution qua the petitioner is bad in the eyes of law.