BABLU KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C') for setting aside the order dated 19.02.2015 passed by the learned Additional Sessions Judge, SAS Nagar Mohali, whereby the application under Section 311 Cr.P.C. filed by the petitioner was rejected. Heard the submissions made by Mr. Anish Gautam, Advocate representing the petitioner and Mr. A.S. Klar, AAG, Punjab representing the State.

(2.) It was submitted by learned counsel for the petitioner that the learned trial Court had committed an error while dismissing the application of the petitioner for recalling the prosecutrix for cross - examination. On 05.12.2014 three witnesses of the prosecution were present. One witness, namely, Anjali Yadav was examined and the other Dr. Kuljit Kaur was partly examined and her remaining statement was deferred for want of report of Chemical examiner. During the statement of third witness the prosecutrix, Shri N.K. Nanda, Advocate representing the accused refused to defend him and left the Court, on which a legal aid counsel was provided to the accused and the statement of the prosecutrix was completed. Learned counsel contended that the legal aid counsel engaged on the same day had no time to consult the petitioner and could not cross - examine the witness properly which caused serious prejudice to the petitioner. For the said reason the petitioner moved an application under Section 311 Cr.P.C. for recalling the prosecutrix for further cross - examination.

(3.) Learned State counsel opposed the prayer of the petitioner. He submitted that the prosecutrix was thoroughly cross - examined by the legal aid counsel and there was no ground for recalling her.