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2008 Supreme(Raj) 2657

RAGHUVENDRA S.RATHORE
Abida – Appellant
Versus
The State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mukesh Saini on behalf of Deendayal Khandelwal, Advocate.
For the State: B.K. Sharma, Public Prosecutor.
For the Non-Petitioner No. 2 to 4:N.A. Naqvi, Advocate.

JUDGMENT

1. - This criminal misc. petition has been filed against the order dated 13.01.2006 passed by the learned A.D.J. (Fast Track) No. 2, Bharatpur, Camp-Kaman in Sessions Case No. 25/2005, whereby the application filed by the petitioner under Section 311 criminal procedure code. has been dismissed.

2. In the instant case, the statement of the prosecutrix petitioner was recorded on 25.10.2005 during the trial, before the learned court below. Thereafter, the petitioner had filed an application under Section 311 criminal procedure code. for re-examining herself before the trial court. At that time, two more prosecution witnesses had been examined, subsequent to the examination of the prosecutrix. The learned trial Court after taking into consideration the facts and circumstances and having held that there is no basis for allowing the prayer of the prosecutrix for re2 examination, dismissed the application by the order impugned.

3. Thereafter, the petitioner filed the present misc. petition before this Court and the same was considered and decided on 20.02.2006. By the said order, the High Court had allowed the application under Section 311 criminal procedure code. and directed the













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