RAHIM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), the petitioner has challenged the order dtd. 2/5/2022 passed by the learned Additional District and Sessions Judge No. 1, Barmer (hereinafter referred to as the 'trial Court'), whereby his application under Sec. 91 of the Code has been rejected.

(2.) The petitioner is being tried for the offences under Ss. 376, 450 and 384 of the Indian Penal Code on the allegation of having committed sexual assault on the prosecutrix.

(3.) During course of the trial, after commencement of the prosecution evidence, on 5/8/2021, the petitioner moved an application under Sec. 91 of the Code with an assertion that during the course of investigation, though the Investigating Officer had procured call details between the petitioner and the prosecutrix, but the same has not been placed on record. The petitioner prayed that such call details procured by the Investigating Officer be called for.