KUMBH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) No one has put in appearance on behalf of the respondent No. 2 even in the second round.

(2.) The instant criminal misc. petition has been filed by the petitioner challenging the order dtd. 16/7/2022 passed by learned Special Judge, POCSO Act Cases, Jodhpur, Distt. Jodhpur in Sessions Case No. 7/2021 whereby, the learned Special Judge dismissed the application filed by the petitioner under Sec. 311 Cr.P.C for cross-examining the victim.

(3.) Learned counsel for the petitioner submits that the cross-examination of the victim could not be done because the counsel for the accused-petitioner appearing before the trial court was under impression that the parties have entered into a compromise. Despite request for adjournment, the trial court closed the opportunity of the petitioner to cross-examine the victim and also dismissed the application under Sec. 311 Cr.P.C. Learned counsel submits that the petitioner is facing the trial under the POCSO Act so the victim is a material witness and if the petitioner is not allowed to cross-examine the victim, he will suffer irreparable loss and shall be deprived of opportunity to prove his innocence. The learned trial court without considering the matter in true perspective has closed the cross-examination of the victim. It is prayed that for just decision of the case, the petitioner may be granted one more opportunity to cross-examine the victim.