Order on Board

02/01/2023

1) With the consent of the parties, the matter is heard finally at the motion stage.

2) Challenge in this petition under Section 482 of Code of Criminal Procedure, 1973 is to the order dated 29.07.2022 (Annex. P-1) passed by learned Additional District & Sessions Judge, FTSC (POCSO), Bhatapara, District Balodabazar-Bhatapara (C.G.) in SSC No. 12/2022 thereby rejecting application of petitioner filed under Section 311 of the Code of Criminal Procedure, 1973 (henceforth “the Code”) seeking cross-examination of PW-01 prosecutrix/victim, PW-02 & PW-03 parents of the prosecutrix/

victim.

3) Brief facts of the case is that the petitioner accused is being prosecuted for the offence under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, under Sections 376(j), 307/34, 342, 201/34 of the Indian Penal Code and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 before the Trial Court. On 10/06/2022, the Trial Court recorded the statement of the prosecutrix PW-01 and her parents PW-02 & PW-03, but on that day, the counsel engaged on behalf of the petitioner was at Raipur due to some profess