RAHAS BEHARI SANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The accused-petitioner, who is facing trial in Special Case No.103 of 2013, arising out of Talcher P.S. Case No.133 of 2013, under Section 376(2)(h) I.P.C. and Section 4 of the POCSO Act, has filed this application under Section 482 Cr.P.C. challenging the order dated 15.7.2016, passed by the learned Judge, Special Court, Angul, rejecting his application under Section 311 Cr.P.C., to recall P.Ws.1, 5 and 6 for their further cross-examination.

(3.) Learned counsel for the accused-petitioner submits that as the counsel for the accused had inadvertently left out some relevant questions while cross-examining P.Ws.1, 5 and 6, an application was filed for recalling the said P.Ws.1, 5 and 6 for their further cross-examination, which was necessary for a just decision of the case. It is submitted that the learned trial Court has proceeded to reject the application of the accused-petitioner on the ground that the questions sought to be put to P.Ws.1, 5 and 6 are not relevant and necessary for a just decision of the case, which is not proper and justified.