ASHOK BISOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Soubhagya Ku. Dash, learned counsel for the petitioners and Mr. Deepak Kumar, learned Additional Standing Counsel for the State.

(2.) The petitioners have challenged the order dated 04.03.2017 passed by the learned Additional Sessions Judge-cum-P.O., Children's Court, Gajapati at Parlakhemundi in Criminal Appeal No.01 of 2017 in dismissing the criminal appeal and thereby confirming the impugned order dated 15.02017 of the learned Principal Magistrate, J.J.B-cum-Registrar, Gajapati at Parlakhemundi in J.R. Case No.10 of 2016.

(3.) It is the contention of learned counsel for the petitioners that the petitioners are juveniles and they are detained in observation home since 30.8.2016 as per the order of learned Principal Magistrate, Juvenile Justice Board-cum-Registrar, Gajapati at Parlakhemundi in connection with J.R. Case No.10 of 2016 for commission of offences under sections 376-D and 506 of the Indian Penal Code read with section 6 of the POCSO Act. It is further stated that during course of inquiry before the learned Principal Magistrate, Juvenile Justice Board, Gajapati, Parlakhemundi, two prosecution witnesses i.e. P.W.9 and P.W.10 were examined by the prosecution on 20.01.2017 and on that day, since the defence counsel was not well, before recording of the evidence of P.W.9 and P.W.10, a time petition was filed by the defence to defer the cross-examination. After hearing both the sides, the Board held that the ground of illness of the conducting counsel is not justifiable and accordingly, time petition was rejected and direction was given to the defence counsel to get ready at 2.30 p.m. At 2.30 p.m. when on repeated calls, the learned counsel for the CCL did not appear before the Board, the evidence of P.W.9 and P.W.10 was recorded in presence of the CCL and the case was adjourned without cross-examination of the witnesses.