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2023 Supreme(MP) 322

ANIL VERMA
Dilip – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
Avinash Kumar Khare for appellant; Pranay Joshi, Panel Lawyer, for respondents/State.

ORDER

1. Appellant has filed present appeal under section 14-A of SC & ST ( Prevention of Atrocities) Act, 1989 being aggrieved by impugned order dated 22.6.2023 passed by Special Judge (under SC & ST Act), Rajgarh, whereby the application filed by the appellant under section 311 of Cr.P.C for cross-examination of the prosecutrix has been dismissed.

2. Brief facts of the case are that the appellant is facing trial for the offence under sections 354, 354-A. 323 of IPC and sections 3(1)(w) (ii) and 3(2)(va) of SC & ST ( Prevention of Atrocities) Act, 1989. After filing of charge-sheet, charges were framed and the appellant was put to trial. Prosecution examined the prosecutrix (PW-1) and her husband and the case is pending for cross-examination of other prosecution witnesses.

3. The appellant filed an application under section 311 of Cr.P.C before the trial Court for summoning earlier examined proxecutrix for further effective cross-examination in respect of some photographs and pen drive filed by the appellant. After hearing both the parties, the trial Court dismissed the application vide order dated 22.6.2023, therefore, the appellant has challenged the said order before this Court by

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