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2024 Supreme(Del) 573

NAVIN CHAWLA
Narender Singh – Appellant
Versus
State – Respondent


Advocates appeared:
Mr.Jatan Singh, Mr.Tushar Lamba, Ms.Vanshika Adhana, Mr.Satnarain Sharma, Mr.Anuj Kumar and Mr.Siddharth Singh, Advocates, for the Petitioner.
Mr.Aman Usman, APP with SI Gautam.

JUDGMENT

1. This petition has been filed under Sections 397 and 401 read with Section 482 of the Code of Criminal Procedure, 1973 (in short, `Cr.P.C.'), challenging the Order dated 20.08.2022 (hereinafter referred to as the `Impugned Order') passed by the learned Additional Sessions Judge-01, Special Court (POCSO Act), North District, Rohini Courts, Delhi (hereinafter referred to as the `Trial Court') in SC 253/2018, titled State v. Narender Singh, dismissing the application filed under Section 311 of the Cr.P.C. by the petitioner seeking recalling of the victim (PW-1) and her mother/complainant (PW-2) for further cross-examination.

Factual Matrix:

2. The above criminal case has been registered on a final report filed by the police upon the completion of the investigation in FIR No. 404/2017 registered at Police Station: K.N. Katju Marg, Rohini District, Delhi, under Section 354 of the Indian Penal Code, 1860 (in short, `IPC') and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the `POCSO Act').

3. It is the case of the prosecution that on 04.09.2017, the victim, aged around 17 years, went to her tuition class at about 2:00 PM., when h

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