SONU Vs. STATE OF H.P.

JUDGEMENT

(1.) In this appeal, an application registered as Cr.MP No. 815 of 2018 filed under Section 311 of the Code of Criminal Procedure by the respondent-State/prosecution for seeking permission to re-examine PW13 Dr. Richa Gupta has been heard by a Division Bench of this Court comprising Justice Tarlok Chauhan, J. and Justice Chander Bhusan Barowalia, J. and decided vide judgment dated 7.9.2018. Both the Judges constituting the Division Bench have, however, divided in their opinions, hence dissenting judgments came be be passed in this application.

(2.) In view of the dis-agreement in the judgments rendered by the Judges, constituting the Division Bench, the matter was placed before the Chief Justice in terms of the provisions contained under Section 392 of the Code of Criminal Procedure. The Chief Justice as per order dated 26.10.2018 has ordered to place the matter with the dissenting opinions of the Judges constituting the Division Bench before this Court for recording its opinion after such hearing as deemed appropriate. It is how this mater landed in this court.

(3.) The present is a case where the charge against the appellant-convict is that during the intervening night of 11th/12th May, 2014 at Village Sarahan, Tehsil and district Chamba he subjected the prosecutrix (name with-held) to sexual intercourse, who was about 12 years of age at that time and thereby committed an offence punishable under Section 376 of the Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, 2012.