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2023 Supreme(UK) 306

VIVEK BHARTI SHARMA
Akshay Rana – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Applicant : Mr. Shubham Pandey and Mr. M.C. Upadhyay.
For the State : Mr. Dinesh Chauhan, Brief Holder.

JUDGMENT :

This criminal revision is directed against the order dated 13.01.2023 passed by F.T.C./Additional Sessions Judge/Special Judge (POCSO), Udham Singh Nagar in Special S.T. No.163/2021, whereby the application moved by the revisionist under Section 311 of Cr.P.C. has been dismissed.

2. Heard on admission.

3. Learned counsel for the revisionist would submit that the revisional court has committed illegality in rejecting the application moved by the revisionist u/s 311 of Cr.P.C. for further cross-examination of the prosecutrix. He would submit that father of the prosecutrix was examined as PW2 and during his cross-examination this fact came forward that father of prosecutrix has not lodged any report in the matter nor the prosecutrix had told anything to him regarding the alleged incident and that he did not know as to what was written in the F.I.R. and the report was submitted in the police station by the villagers. He would further submit that recalling PW1 (prosecutrix) for cross-examination is essential for fair and just decision of the case as the father who is sole guardian of the victim is showing unawareness about the incident and that earlier counsel engaged by the rev

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