CHHITARMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this criminal miscellaneous petition aggrieved by order dtd. 16/3/2019 passed by Special Judge, (Protection of Child from Sexual Offences Act, 2012), whereby, the application filed by the petitioner for permitting cross-examination of the prosecutrix was rejected.

(2.) It is contended by counsel for the petitioner that he was busy on the date when the statement of prosecutrix was recorded and the Court thus, in the cross-examination mentioned "NILL" and that opportunity was given to cross-examine the prosecutrix.

(3.) It is contended that the statement of prosecutrix was recorded in the trial of accused-Rajendra, wherein, the prosecutrix has turned hostile. It is contended that valuable right of the petitioner to cross-examine the witness has been curtailed by the trial Court by rejecting the application filed by the petitioner under Sec. 311 Cr.P.C.