SOHEL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 Cr.P.C. praying that the impugned order dtd. 26/10/2018 passed by the Special Judge, POCSO Act, 2012, Jaipur District, whereby cross- examination of the prosecutrix was closed, be set aside.

(2.) Briefly stated, petitioner is facing trial in a criminal case for offences under Ss. 363, 366A, 376 IPC and Ss. 3/4, POCSO Act. In the present matter, the trial court took cognizance of offences against the petitioner on 10/11/2016 and examination- in-chief of the prosecutrix was recorded on 27/10/2017. Thereafter the prosecutrix appeared on various dates, but counsel for the accused-petitioner did not come forward to extend the cross- examination. On 6/1/2018 cross-examination of the prosecutrix was closed.

(3.) The court below noted that examination-in-chief of the prosecutrix was recorded on 27/10/2017. Thereafter the matter was fixed for 18/11/2017 for cross-examination of the prosecutrix. On 18/11/2017 cross-examination was not carried and the trial court imposed a cost of Rs.2000.00 upon the petitioner and the matter was fixed for 6/1/2018. On 6/1/2018 also cross- examination of the prosecutrix was not carried. Therefore, on 6/1/2018 cross-examination of the prosecutrix was closed.