ORDER :

1. This petition under section 482 of Criminal Procedure Code has been preferred being aggrieved by the order dated 2-1-2017 passed by the Special Judge District Sidhi in Special Case No. 13/2016, whereby an application under section 311 of Code of Civil Procedure, 1973 filed by the applicant has been rejected.

2. In short the prosecution case is that the applicant committed rape on the prosecutrix and due to which the complainant became pregnant. She conceived a child of 7 months. She narrated the incident to her parents on 16-3-2016, then they lodged the First Information Report at Police Station, AJK, Sidhi.

3. The learned trial Court framed charges under sections 376, 506-B of Indian Penal Code and 3(2)(5) of Atrocity Act and section 3/4 of POCSO Act against the applicant. During trial the applicant found that necessary questions and suggestion could not be asked to PW-3 (Khumbhdas) and (PW-4) prosecutrix which are important for fair trial.

4. Learned counsel for the applicant has placed reliance upon a judgment of Hon’ble Supreme Court in the case of State vs. Thukchuk Lachugpa and Another, 2005 Cr. L.J. 201 (Sikkim) wherein it was held that if the prosecution or defence h