JEO MIRZA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused who stands charged under Section 363, 366 and 376 of the Indian Penal Code and facing trial before the Addl. Sessions Judge, Patiala, vide FIR No. 78 dated 8.6.1993, Police Station Kotwali, Patiala, has come forward with this petition under Section 482, Cr.P.C., to set aside the order of learned Addl. Sessions Judge dismissing his application to recall PW4 Ms. Sunita before him for further cross-examination.

(2.) THE petitioner alleged that the prosecutrix whom he is said to have kidnapped and ravished, has written a letter to him stating that she had given the evidence before the Sessions Judge under the threat of police and that the petitioner herein had not committed the offence, but, she was kidnapped by another person and, therefore, wanted the prosecutrix (PW4) to be recalled for further cross-examination and confronted with this letter. It was opposed by the State, and the learned Sessions Judge after considering the case of both sides held that the letter is irrelevant and that it was not necessary to recall PW4 for further evidence. Accordingly, he dismissed the application.

(3.) THE result is that the petition is allowed, setting aside the order of the learned Addl. Sessions Judge, Patiala dated 11.5.1994 declining to recall the witness. The application filed by the petitioner herein before the learned Addl. Sessions Judge under Section 311, Cr.P.C. will stand allowed as prayed for. Petition allowed.