PANCHARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner against the order dtd. 11/4/2019 passed by the learned Special Judge, POCSO Act Cases, Jodhpur, in Sessions Case No. 50/2018 whereby the trial Court allowed the application under Sec. 311 Cr.P.C. for recalling the witness during the course of the trial.

(2.) Counsel for the petitioner submits that the certificate issued by the Gov. Higher Secondary School has already been marked by PW-12 Manoranjan Gaur and during the course of examination, prosecutrix PW-3 has also stated that her date of birth is 5/5/1997. There is no discrepancy between the certificate and the date of birth mentioned by the prosecutrix and at this belated stage, the application under Sec. 311 Cr.P.C has been filed for summoning the witness, therefore there is no question of recalling of witness and the order passed by the trial court may be quashed and set aside.

(3.) Per contra, learned Public Prosecutor opposed the prayer made by the petitioner, however, he does not dispute the above factual position.