H.R. Panwar, J.-By this criminal revision petition under Section 397/401, CrPC, the accused-petitioner has challenged the order dated 02.02.2005 passed by the Additional Sessions Judge, Sangaria, district Hanumangarh (for short, "the trial Court" hereinafter) in Sessions Case No. 3/2004, by which the trial Court dismissed the application under Section 311, CrPC filed by the petitioner for further cross-examination of prosecutrix Rampyari alias Pyari.

2. The petitioner, alongwith co-accused, is facing trial before the trial Court for the offences under Sections 376, 109 and 114, IPC. The allegation against the petitioner is that he committed rape on the prosecutrix Rampyari and his wife abetted the crime. The statement of the prosecutrix was recorded on 15.04.2004 wherein she gave evidence against the petitioner and co-accused. During pendency of the trial, an application under Section 97, CrPC was submitted by Smt. Sheto Bai, the grand-mother of the prosecutrix before the Sub-Divisional Magistrate, Tibbi for recovery of the prosecutrix, whereupon she was recovered and her statement was recorded by the Sub-Divisional Officer, Tibbi on 03.09.2004, wherein she stated that ear