SAHDEO TANTI Vs. BIPTI PASIN

JUDGEMENT

(1.) This application in revision is directed against an order of the learned Assistant Sessions Judge, permitting the prosecution to cross-examine P. W. 10.

(2.) The case of the complainant-opposite party was that she was married to one Gultain Pasi of village Chatneshwar but she later developed intimacy with the petitioner and started residing with him since about one year before the filing of the complaint. Thereafter she became pregnant. Her further case is that the petitioner wanted her to agree to abortion, which she refused. Thereafter, the petitioner gave blows with his foot on the abdomen of the complainant and after she fell down, he further assaulted her and after retaining her box containing her belongings worth Rs. 525/-, he ousted her from the house. After cognizance was taken on the complaint filed by the opposite" Party, the petitioner was committed to the Court of Session for trial under Sections 312, 403 and 511 of the Indian Penal Code,

(3.) At the trial before the Assistant Sessions Judge, Jadu Pasi (P. W. 10) was tendered on behalf of the prosecution and was cross-examined on behalf of the petitioner on the 19th December, 1967. The prayer of the prosecution to cross-examine this witness was, however, rejected, Subsequently, a petition was filed on behalf of the prosecution by the Assistant District Prosecutor on the 20th December, 1967, for permission to cross-examine P. W. 10, which has been allowed by the order giving rise to the present application.