(1.) The crucial questions involved in the instant petition for determination are whether a trial court can permit lacuna in evidence filled-up and what is meant by 'lacuna' in a case/evidence? It has to be understood before deciding the said question one way or the other.
(2.) The present Criminal Misc. Petition has been preferred by the petitioner-complainant assailing the order dtd. 10/3/2021 passed by the learned Additional Sessions Judge (Women Atrocity Cases), Jodhpur Metropolitan in Sessions Case No. 64/2017 titled as State Vs. Dashrath Singh and Ors., whereby the application filed by the accused for re-summoning of Dr. Imran Sheikh (PW-5) was allowed.
(3.) The respondents No. 2 and 3 are facing trial before the said Court for the offences punishable under Ss. 302, 201/511, 304-B and 313 of the Indian Penal Code (for short, 'the IPC') and accused Dashrath singh is in judicial custody since 26/7/2017.