ARVIND BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code' hereinafter) is directed against the order dated 06.01.2006 passed by Additional Sessions Judge (Fast Track) No. I, Jodhpur (for short 'the trial Court' hereinafter) in sessions case No. 101/2005 whereby the application filed by accused-petitioner under Sec. 311 of the Code was dismissed. Aggrieved by the order impugned, the petitioner has filed the instant revision.

(2.) I have heard learned Counsel for the parties. Perused the order impugned.

(3.) The accused-petitioner filed an application under Sec. 311 of the Code before the trial Court on 20.12.2005 seeking recalling of the witness PW. 14 Kishore, Singh, whose statements were recorded by the trial Court on 23.08.2005 on the ground that PW. 14 Kishore Singh has filed an affidavit before the trial Court, which is on the record of the trial Court, wherein PW. 14 Kishore Singh has stated that he made the statement on the seduction of other persons on the ground of the character of the petitioner, who often used to consume the liquor. It was further stated that if the Court thinks appropriate, he may appear in the Court and make a true statement It was further stated that the said affidavit has been sworn by him without there being any pressure and in sound disposing condition. The trial Court also noticed that the affidavit of witness PW. 14 Kishore Singh has been received by post on 22.12.2005 but it refused to recall the witness on the ground that in the affidavit, the witness has not stated that he made the earlier statement under the pressure.