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2015 Supreme(Del) 365

SUNITA GUPTA
Shiv Kumar Yadav – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:D.K. Mishra, Advocate
For the Respondent: Rajesh Mahajan, ASC

JUDGMENT:-

1. This is a petition under Article 227 of the Constitution of India read with Section 482 Cr. P.C. moved on behalf of the petitioner for setting aside the order dated 18th February, 2015 passed by the learned Additional Sessions Judge in Sessions Case No. 02/2015 vide FIR No. 1291/2014 u/s 376/323/506 IPC registered with Police Station Sarai Rohilla vide which the prayer of the petitioner for recalling the prosecution witnesses for further cross-examination was declined.

2. FIR in the instant case was registered on the basis of statement made by prosecutrix “X” wherein she leveled allegations of commission of rape upon her on 5th December, 2014 by the petitioner in his cab No. DL-1YD-7910 Swift Desire while she was returning home in that cab. After completion of investigation, charge sheet was submitted before the learned Metropolitan Magistrate and the case was committed to the Court of Sessions. After hearing arguments on charge, charge u/s 376(2)(m) 323/356/506 IPC was framed. Thereafter prosecution in all examined 28 witnesses. Statement of petitioner u/s 313 Cr. P.C. was recorded. Thereafter application u/s 311 Cr. P.C. was moved for recalling all the prosecution wi

















































































































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