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DEEPAK KUMAR TIWARI
Mohammad Sahid @ Ashif S/o. Late Kamruddin Khan – Appellant
Versus
State of Chhattisgarh, Through SHO Newai District Durg C. G. – Respondent
ORDER :
1. This Petition has been filed under Section 482 of Cr.P.C. for challenging the order dated 05.12.2022 passed by the Additional Sessions Judge, 1st FTC, Special Judge (POCSO Act), Durg in Special Criminal Case POCSO No.57/2022 whereby, the application preferred by the Petitioner under Section 311 Cr.P.C for recalling the prosecutrix was dismissed.
2. Brief facts of the case are that a special Sessions Case is pending consideration against the Petitioner for the offence under Sections 363, 366 and 376 IPC as also under Sections 5 & 6 of the POCSO Act, 2012 (for short 'the Act of 2012'). In the said case, the Petitioner has moved an application on 05.12.2022 for re-cross-examination of the prosecutrix (PW-1), whose statement was recorded on 02.06.2022 and the said application was dismissed by the order impugned.
3. Shri Singh submits that on the earlier occasion, the previous Counsel has not properly cross-examined the prosecutrix regarding her date of birth and age and had, in a very mechanical manner and by adopting superficial method, asked questions. He further submits that as the allegation against the Petitioner is serious in nature and there is stringent punishment under
The power of the court under Section 165 of the Evidence Act is in a way complementary to its power under Section 311 of the Code.
The central legal point established in the judgment is the interpretation of Section 311 of Cr.P.C and the dilution of rigor under Section 33(5) of the POCSO Act once the victim crosses the age of 18....
The main legal point established in the judgment is that the provisions of Section 311 of Cr.P.C. allow a Court to summon a witness if their evidence is essential for the just decision of the case. T....
The power under Section 311 of Cr.P.C. should be invoked to meet the ends of justice, and changing counsel can be a relevant factor in recalling witnesses.
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