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2019 Supreme(Kar) 829

K.S.MUDAGAL
Mallikarjun @ Belleppa – Appellant
Versus
State Through Shahabad Town P. S. – Respondent


Advocates:
Advocate Appeared:
M.M. Allur, Adv., Maqbool Ahmed, Adv.

JUDGMENT :

K. S. MUDAGAL, J.

1. Petitioner has filed this petition aggrieved by the Order dated: 25-07-2019 passed by the II Addl. Sessions Judge and Special Court for trial for the offences punishable under the POCSO Act, 2012 Gulbarga in Spl. Case (POCSO) No.41/2019 dismissing the petitioner's application under section 311 Cr.P.C.

2. Petitioner is facing trial in Special Case (POCSO) No.41/2019 for the offences punishable under sections 366-A, 376(2) (N) & 506 of IPC and under sections 4, 6 & 8 of POCSO Act, 2012.

3. The allegations against the petitioner are that, he kidnapped PW.1 a minor girl from the custody of her parents, confined her in a place in Bengaluru and committed rape on her. Victim girl was examined before the trial Court on 20-11-2018 as PW.1.

4. Petitioner in his application under section 311 Code of Criminal Procedure contended that, at the time of cross-examination of PW.1 some material questions were left out by oversight and confrontation of some document was left out, therefore it is very much necessary to further cross-examine her.

5. Pending the application, other prosecution witnesses were examined, petitioner was examined under section 313 Code of Criminal Pr

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