GOURANGA SETHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 26/2/2024 passed by the learned Addl. District and Sessions Judge-cum-Special Judge (POCSO), Kendrapara in connection with G.R. Case No.73 of 2023 whereby his application under Sec. -311 Cr.P.C. to recall P.Ws. 1, 2 and 3 has been turned down.

(2.) It appears from the record that the petitioner was afforded opportunity to cross-examine the said witnesses. However, the defence counsel was not ready on that day. Therefore, the evidence was closed.

(3.) Taking into consideration the averments made in the application and the fact that the petitioner was not afforded adequate opportunity to cross-examine the witnesses, I am inclined to allow the application under Sec. -311 Cr.P.C.