INDRAJEET ROY Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) THE accused person has filed this revision against the order of the trial Court rejecting the application for recalling P.W. 4 for further cross -examination.

(2.) THE petitioner is facing trial on the allegations that he has committed offences under Sees. 354, 376/511, Indian Penal Code. After examination and cross -examination of P.W. 4 were over, at a subsequent stage while other prosecution witnesses were being examined, the petitioner filed an application before the trial Court for recalling P.W: 4 for further cross - examination for the avowed purpose of confronting the witness in connection with certain omissions in the statement made before the Investigating Officer. The said application was rejected by the trial Court on 8.12.1998. The petitioner filed Criminal Revision No. 590 of 1998 in this Court which was disposed of on 29.1.1999. It was observed that it would be open to the petitioner to file a fresh application before the trial Court giving the details of the alleged omissions or contradictions sought to be confronted to P.W. 4. Thereafter, the petitioner filed fresh application on 16.2.1999. The said application having been rejected on 23.2.1999, the present Criminal Revision has been filed.

(3.) IN the decision reported in 1998 (II) OLR 652, the dispute related to the question as to whether a witness could be cross -examined with reference to his previous statement made during enquiry Under Section 202, Cr.P.C. and it was answered in the affirmative. The question now raised was not at all considered in the said decision.