ZAHID SALIM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The accused/petitioner has been facing trial under the charge of Sec. 376A of the Indian Penal Code read with Sec. 6(1) of the POCSO Act in Sessions Trial (Spl.) No. 28/2021 in the Court of the Learned Additional Sessions Judge-cum-Special Jude (POCSO) at Chandernagore, Hooghly. After examination-in-chief of the de facto complainant of the aforesaid case, an application was filed on behalf of the accused/petitioners praying for deferment of cross-examination of P.W. 1 till the examination-in-chief of charge-sheeted witness nos. 2 and 3, being the victim and her mother would be over.

(2.) The Learned Trial Judge passed a detailed order on 18/5/2022 and finally held as hereunder:-

(3.) In the case in hand the defence took out an application for deferment of cross-examination of P.W. 1 till examination-in-chief of P.W. 2 and P.W. 3 on the ground of possibility of disclosure of defence.