ABIDA Vs. THE STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal miscellaneous petition has been filed against the order dated 13.01.2006 passed by the learned ADJ (Fast Track) No. 2, Bharatpur, Camp -Kaman in Sessions Case No. 25/2005, whereby the application filed by the petitioner under Sec. 311 Cr.P.C. has been dismissed.

(2.) In the instant case, the statement of the prosecutrix -petitioner was recorded on 25.10.2005 during the trial, before the learned court below. Thereafter, the petitioner had filed an application under Sec. 311 Cr.P.C. for re -examining herself before the trial court. At that time, two more prosecution witnesses had been examined, subsequent to the examination of the prosecutrix. The learned trial Court after taking into consideration the facts and circumstances and having held that there is no basis for allowing the prayer of the prosecutrix for re -examination, dismissed the application by the order impugned.

(3.) Thereafter, the petitioner filed the present miscellaneous petition before this Court and the same was considered and decided on 20.02.2006. By the said order, the High Court had allowed the application under Sec. 311 Cr.P.C. and directed the trial court to record the statement of the petitioner afresh. Later on, non -petitioner No. 2 had filed an application for recalling of the order dated 20.02.2006 but the same was dismissed on 02.03.2006. Subsequently, non -petitioner No. 2 filed a Special Leave Petition No. ( 1805/ 2006), before the Hon'ble Supreme Court which was registered as Criminal Case No. (934/ 2007). In the special appeal, the Hon'ble Supreme Court, vide order dated 25.07.2007, set aside the order passed by the High Court on 20.02.2006 and directed that the petition filed before the High Court be heard on merits.