RAMDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Misc. Petition filed under Section 482 Cr. P. C. is directed against order of trial Court dated 7. 12. 2005 passed by the Additional Sessions Judge (Fast Track), Sikar in Sessions Case No. 75/2005 whereby he rejected the application filed by the accused petitioner under Section 311 Crpc for recalling the prosecutrix in the trial which is pending against the accused petitioner for offence under Sections 366, 376 and 383 IPC.

(2.) MR. Gupta, the learned counsel for the petitioner submits that there are variations in the statements of prosecutrix recorded by the police under Section 161 Crpc and also under Section 164 Cr. P. C. recorded before the learned Magistrate and the statement recorded by the Trial Court. He has shown me the copies of the said statements and submitted that since the cross- examinations of the prosecutrix could not be fully and properly done when the statements were recorded by the trial Court on 7. 6. 2005, the learned trial Court ought to have allowed the application filed by the petitioner under Section 311 of the Cr. P. C. by recalling the prosecutrix for re-cross examination. He further submits that the learned trial Court has erred in observing that the powers under Section 311 Cr. P. C. are not meant to fill up the lacunae. He further submits that for the prosecution the lacunae cannot of course be filled up by use of powers under Section 311 Cr. P. C. whereas for defence, this legal principle does not apply and therefore, the application filed by the petitioner under Section 311 Cr. P. C. was justified.