The court has the discretion to grant the accused an opportunity to cross-examine the prosecutrix, considering the fair play and balance of equities, to address delays caused by the accused's counsel.

JUDGMENT

1. Present petition has been filed under Section 482 Cr.P.C. praying that the impugned order dated 26.10.2018 passed by the Special Judge, POCSO Act, 2012, Jaipur District, whereby cross- examination of the prosecutrix was closed, be set aside.

2. Briefly stated, petitioner is facing trial in a criminal case for offences under Sections 363, 366A, 376 IPC and Sections 3/4, POCSO Act. In the present matter, the trial court took cognizance of offences against the petitioner on 10.11.2016 and examination- in-chief of the prosecutrix was recorded on 27.10.2017. Thereafter the prosecutrix appeared on various dates, but counsel for the accused-petitioner did not come forward to extend the cross- examination. On 6.1.2018 cross-examination of the prosecutrix was closed.

3. The court below noted that examination-in-chief of the prosecutrix was recorded on 27.10.2017. Thereafter the matter was fixed for 18.11.2017 for cross-examination of the prosecutrix. On 18.11.2017 cross-examination was not carried and the trial court imposed a cost of Rs. 2000/- upon the petitioner and the matter was fixed for 6.1.2018. On 6.1.2018 also cross- examination of the prosecutrix was not carried. Therefore, on 6.1.2018 cross-examination of the prosecutrix was closed.

4. Learned counsel for the accused-petitioner has stated at bar that not a single question was put to the prosecutrix in the cross- examination.

5. This is a case where prosecutrix has been harassed. The accused misused the magnanimity of the court. Prosecutrix has been appearing on each and every date, but on one pretext or the other, cross-examination was not carried. The accused simply wanted to delay the proceedings.

6. At this juncture, learned counsel for the petitioner has submitted that for the act of the counsel, petitioner cannot be made to suffer. It is submitted that if examination-in-chief of the prosecutrix is taken into consideration without cross-examination, the petitioner will be left defenceless and shall have no remedy.

7. Taking into account the fair play and balance of equities, the petitioner is granted one opportunity to cross-examine the prosecutrix subject to payment of cost of Rs. 20,000/-. The cost shall be disbursed to the prosecutrix who has been made to suffer. It is ordered that upon deposit of cost by the petitioner within ten days from the date of receipt of certified copy of this order, the trial court, as per its convenience and calendar, shall fix one date for cross-examination of prosecutrix. On that day, counsel for the accused-petitioner shall conclude the cross-examination. However, if due to paucity of time cross-examination of the prosecutrix is not concluded, the trial court shall fix the next day as date for the same.

8. In view of above, the present petition stands disposed of.