By this petition under section 397/401 Cr.P.C. the petitioner, who is being tried under section 376 of the Indian Penal Code in Sessions Trial No. 174/94 has challenged the order dated 2.5.1995 whereby his application for recalling two of the prosecution witnesses for cross-examination has been rejected.

The contention of the learned counsel for the applicant is that the applicant was represented by counsel Shri Chandrakar, who is a Junior counsel having been enrolled as an Advocate in the year 1994. The applicant having felt that he is not properly defended, engaged senior counsel to defend him. Senior counsel Shri Afzal Hussain, on going through the record moved an application under section 311 of the Code of Criminal Procedure for recalling the two witnesses, prosecutrix Saraswatibai (P.W. 7) and her husband Santosh (P.W. 8) for further cross-examination as no question were put on the prosecutrix regarding sexual intercourse by consent or by use of force, relating to injuries on the person of the prosecutrix and the manner in which the occurrence took place. De prosecutrix was also not confronted with her previous Statement and the first information report. To demonstra