ASHARAM @ ASHUMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has approached this Court by way of the instant misc. petition challenging the order dated 19.6.2015 passed by the learned Sessions Judge, District Jodhpur in Sessions Case No.152/2013 whereby, the application preferred by the petitioner accused under Section 91 Cr.P.C. for summoning the call details of mobile nos.7398489885 and 8765502251 for the period 1.8.2013 to 31.8.2013 was dismissed.

(3.) Facts in brief are that the petitioner and certain other accused are facing trial in the Court of learned Sessions Judge, District Jodhpur for the offences under Sections 342, 376(2)(f), 376D, 354A, 370(4), 506, 509/34, 109 and 120B IPC, Sections 23 and 26 of Juvenile Justice Act and Section 5(f)(g)/6, 7/8 and17 of the POCSO Act. The Investigating Officer, during the course of investigation collected the call details of the above two mobile numbers which are said to be in use by the victim, her mother and one Karamveer Singh. The call details were filtered as per relevance and produced along with the charge-sheet. The testimony of the victim, her mother and Karamveer Singh was completed at the trial. Extensive and prolonged cross examination was conducted by the counsel representing the accused from these three witnesses. Long after that, on 30.5.2015, the application under Section 91 Cr.P.C. came to be submitted by the accused petitioner before the trial Court.