ASHOK KUMAR DAT Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr. P.Ch. Jena, learned counsel for the Petitioner as well as Mr. S.N. Mishra, learned A.G.A. for the State-Opposite Party.

(2.) Rejection of the prayer to recall P.W.1, the victim, in the trial for offences concerning under Secs.363/366-A/294/506/34, I.P.C., Sec.6 of the POCSO Act and Secs.3(1)(r)(s)/3(2)(va) of the S.C. and S.T. (POA) Act is the subject matter of challenge in the present petition.

(3.) As per the submission of the counsel for the Petitioner, P.W.1 was not at all cross-examined by the accused due to non-engagement of lawyer on his behalf. A petition under Sec.311, Cr.P.C. was filed on 8/12/2021 praying to recall P.W.1 and other witnesses. The prayer of the Petitioner to further cross-examine P.W.2 and 3 was allowed, but the same was rejected in respect of P.W.1 in view of the restriction contained in Sec.33(5) of the POCSO Act.