ORDER :

1. In this criminal revision filed under Section 401 of the Code of Criminal Procedure, the applicant/accused has challenged the order dated 01.08.2023 passed by the First Additional Sessions Judge (POCSO), District - Janjgir Champa, Chhattisgarh in Special Sessions Trial No. 36/2022 under Sections 363, 366, 376 IPC and Sections 4 & 6 of the Protection of Children From Sexual Offenses Act, 2012 whereby the application preferred by the applicant/accused for calling the Judicial Magistrate, Pamgarh, as a defense witness, for evidence by whom the statement of the prosecutrix was recorded under Section 164 of the Code of Criminal Procedure has been rejected.

2. The facts of the case, in brief, are that the accused/applicant is alleged to have allured the prosecutrix aged about 15 years old and took her with him on the pretext of marriage and had physical relationship with her several times. The prosecutrix was recovered from the possession of applicant. Crime No.145/2022 was registered at PS Baloda and charge sheet was filed. After framing of charges, total 10 witnesses were examined by the prosecution. The statement of the accused was recorded under Section 313 of the Code of Cr