SK. SAHIR MOHAMMAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revision application is directed against the order dtd. 19/8/2024 passed in connection with Sessions Case No. 426 of 2023 corresponding to Bolpur Police Station Case No.395 of 2023 dtd. 21/9/2023 under Ss. 365/448/323/419/307/364A/395/397/506/120B of the Indian Penal Code (for short IPC) wherein Ld. Trial Judge (Additional Sessions Judge, Bolpur, Birbhum) passed the order in penultimate paragraphs which run as follows:-

(2.) This is a case for abduction of victim where petitioner is the accused and the case was put into trial and Ld. Trial Judge recorded evidence of 15 witnesses and PW 16 (victim of this case) was examined-in-chief but prosecution could not produce PW16 before the Court for cross- examination on behalf of the accused/petitioner herein.

(3.) Mr. Jayanta Narayan Chatterjee, Ld. Senior Counsel, appearing on behalf of the petitioner has submitted that Ld. Trial Judge cannot examine the subsequent witnesses produced by the prosecution without cross-examination of PW 16.