RAJANISH KUMAR MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present Criminal Misc. Petition has been filed against the order dtd. 29/9/2021 passed by Special Court, Protection of Children From Sexual Offences Act No.l, Udaipur (hereinafter referred to as the 'trial court'), whereby the learned trial court rejected the prayer made by learned counsel appearing for the accused-petitioner seeking reserving the cross examination of victim P.W.2 Mst. W and discharged P.W.2 Mst. W from being cross examined by the petitioner while exercising the powers vested in it under Sec. 309 Cr.P.C.

(2.) Brief facts of the case are that in pursuance of the First Information Report No.242/2020 lodged at Police Station Rishabh dev, Udaipur, the present petitioner was prosecuted and is being tried by the Special Court, POCSO Act No. 1, Udaipur for the offences under Ss. 363, 376, 344 IPC and under Ss. 4 and 6 of the POCSO Act, 2012.

(3.) During the course of the trial, victim Mst. W appeared as prosecution witness P.W.2 before the trial court on 29/9/2021. After completion of Examination-in-Chief of P.W.2, the counsel for the accused petitioner prayed before the trial court that without providing him a copy of the Examination-in-Chief, he is unable to communicate the questions for cross-examination of P.W.2. On this, learned trial court asked him that since the Examination-in-Chief has taken place in his presence, he may go through the statement and then proceed for cross-examination. But the counsel appearing for the accused-petitioner expressed his inability to cross-examine without having been obtained copy of the statement of Examination-in-Chief and requested the trial court that cross-examination of the witness P.W.2 may be kept reserved. The learned trial court instead of acceding to the request for providing the copy of the Examination-in-Chief of P.W.2, while exercising powers under Sec. 309 Cr.P.C. discharged the P.W.2 from being cross-examined as it is necessary under Sec. 33 (2) of the POCSO Act that prior to cross-examination of a witness, the counsel appearing for the accused shall communicate the questions to be put to the victim to the Special Court which shall in turn put those questions to the victim. Being aggrieved by the order impugned dtd. 29/9/2021 passed by the learned trial court, the present petition has been filed.