ASHA PAREKH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal revision petition under Section 397/401 Cr.P.C., the petitioner-complainant has assailed the order dated 30.9.2005 passed by the Additional Sessions Judge, Ratangarh, district Churu (for short, "the trial Court" hereinafter) in Sessions Case No.20/2005, whereby the application filed by non-petitioners No.2 and 3 under Section 311 of the Code was allowed and the petitioner-complainant, who was already examined as PW 3, was recalled for further cross-examination. Aggrieved by the order impugned, the petitioner-complainant has filed the instant criminal revision.

(2.) I have heard learned counsel for the petitioner, the Public Prosecutor for the State and the counsel for nonpetitioners No.2 and 3.

(3.) It is contended by the learned counsel for the petitioner that the petitioner appeared as PW 3 and she was subjected to lengthy cross-examination by the non-petitioners No.2 and 3. The non-petitioners No.2 and 3 are facing trial for the offences under Sections 366, 376 (2) IPC., of which the petitioner is a victim of rape. At the fag end of the trial, nonpetitioners No.2 and 3 filed an application for recalling the petitioner on the ground that one Jagdish Prasad, the brother of the accused/non-petitioner No.2 Shiv Lal, gave some letters alleged to have been written by the petitioner, which the petitioner had already specifically denied and, therefore, according to the learned counsel for the petitioner, the impugned order recalling the petitioner is erroneous.