LAWS(RAJ)-2014-4-257

STATE OF RAJASTHAN; SUPRIYA SINGH Vs. ASHARAM @ ASUMAL

Decided On April 09, 2014
State Of Rajasthan; Supriya Singh Appellant
V/S
Asharam @ Asumal Respondents

JUDGEMENT

(1.) These two criminal misc. petitions under section 482 CrPC have been filed against the order dated 20.12.2013 passed by the Sessions Judge, District Jodhpur (for short 'the trial court' hereinafter) in Sessions Case No.152/2013, whereby the application filed by the accused-respondent under section 91 read with section 207 CrPC for providing copies of CD of the videographed statement of the prosecutrix and copies of the videography of the site verification prepared by the investigating agency, has been allowed.

(2.) The accused-respondent, who is facing trial for the offences punishable under sections 342, 354-A, 370(4), 376(2)(f), 376(D), 506, 509, 109, 120-B, 34 IPC and section 23, 26 of Juvenile Justice (Care and Protection of Children Act, 2000) and section 5(f) (g), 7, 8 read with section 17 of the Protection of Children from Sexual Offences Act, 2012, has filed an application before the trial court under sections 91 and 207 CrPC and claimed that though the prosecution has relied upon statement of prosecutrix recorded under section 161 CrPC and the site verification done by the prosecutrix in the charge-sheet but CD of videographed statement of the prosecutrix and CD of videographed site inspection have not been provided to him along with the copy of the charge-sheet. The accused-respondent has demanded that the CDs containing statement of prosecutrix and site inspection be summoned and provided to him.

(3.) The learned trial court has allowed the said application vide impugned order, therefore, these criminal misc. petitions have been filed with a prayer for quashing the same.