KAMLESH KUMAR Vs. STATE OF RAJ.

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. praying that the order dtd. 19/8/2017 passed by Special Judge, Protection of Children from Sexual Offences Act Cases, in Criminal Case No. 190/2017 titled State v. Kamlesh @ Motaram, whereby cross-examination of the prosecutrix (name withheld to protect her identity) was made NIL, be set aside.

(2.) Learned counsel for the petitioner has submitted that prosecutrix appeared as P.W.3 and on the said date her examination in chief was recorded. Learned counsel for the petitioner has submitted that on 25/4/2017 no counsel was present on behalf of the petitioner accused and hence the court adjourned the case for next date for cross-examination of the prosecutrix subject to payment of cost by the petitioner. Learned counsel for the petitioner has submitted that thereafter, the case was taken up on 8/6/2017 and on the said date, Presiding Officer was on leave. Learned counsel for the petitioner has submitted that the case was adjourned to 21/7/2017 but on the said date, no order sheet was drawn as ministerial staff of the sub-ordinate court had gone on strike.

(3.) Learned counsel for the petitioner has contended that thereafter, the case was taken on 19/8/2017 and on the said date since father of Shri BS Chauhan counsel engaged by the petitioner was admitted in the hospital request on behalf of Shri BS Chauhan was made by Devdutt Sharma and later by Shri Yashoraj. Learned counsel for the petitioner has submitted that the court considering that the cost has not been paid and no counsel is available to extend the cross-examination of prosecutrix P.W.3 had made the cross-examination NIL.