BILAL AHMED BARLASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The subject matter of challenge in this revision petition is the order dated 22.10.09 passed by the learned Sessions Judge, Hailakandi in Session Case No. 13/07 under Section 376 IPC thereby rejecting the prayer of the accused petitioner for re-examination of the few witnesses.

(2.) I have heard Mr. A. M. Barbhuya, learned counsel for the petitioner and Mr. G. Gogoi, learned Addl. PP, Assam appearing for the State.

(3.) The petitioner is an accused in Sessions Case No. 13/07 under Section 366 A/376 IPC. The trial of the case started and in due course of trial the prosecution examined six witnesses in total including the I.O. and the victim girl. Thereafter the accused petitioner was examined under Section 313 Cr.P.C. putting before him the circumstances that appeared against him as revealed by the prosecution witnesses. The statement was recorded on 17.3.09; thereafter the petitioner having declined to adduce any defence witness the case was posted for argument. Although four dates were fixed for argument hearing was adjourned on the prayer of the petitioner. At that stage, on 7.9.09 the petitioner filed an application under Section 311 Cr.P.C. praying for summoning the two Doctors for examination as witnesses and for recalling P.Ws. 1 and 5 for further cross-examination. The learned trial Court after hearing both sides, rejected the said prayer of the petitioner vide impugned order dated 22.10.09 which is the subject matter of challenge in this revision petition.