MANTU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure has been filed by the petitioner, challenging the order dtd. 8/8/2023 passed by the Adhoc Addl. District and Sessions Judge (FTSC), Angul in Special POCSO Case No. 62 of 2017 rejecting the application of the petitioner filed under Sec. 311 of Cr.P.C. to recall P.W.1 (victim), P.Ws. 3 and 6 (Medical Officers) and P.W.13 (headmaster of the school) for further cross-examination.

(2.) Learned counsel for the petitioner submits that as the counsel for the petitioner was suffering from depression on account of the illness and demise of his son, he failed to apply his mind to the case for which various material questions could not be asked to the victim P.W.1 and he also failed to cross-examine P.W.3, P.W.6 and P.W.13. It has been stated in paragraph 5 of the petition filed under Sec. 311 Cr.P.C. that the son of the counsel of the petitioner was seriously ill and succumbed to his injuries which affected the mental condition of the conducting counsel. The deposition of P.W.1 has been annexed to this petition as Annexure-2, but the depositions of the other witnesses sought to be recalled for cross-examination have not been annexed.

(3.) Since P.W.1 had been cross-examined in 2018 and the other witnesses had been examined 2022, learned counsel for the petitioner is directed to file an affidavit or documents pertaining to illness and death of the son of the counsel for the petitioner as well as the depositions of P.W.3, 6 and 13.