O R D E R

CRL.M.A. 37829/2024 & CRL.M.A. 37830/2024

1. Exemption allowed, subject to all just exceptions.

2. The applications stand disposed of.

CRL.M.C. 9880/2024

3. This is a petition filed under section 528 of BNSS seeking setting aside of the order dated 07.11.2024 passed by the learned ASJ (SC- POCSO), South, Saket Courts in S.C. No. 725/2019 titled ‘ State v. Harmohan @ Honey ’ whereby the petitioner was denied the further opportunity to confront the prosecutrix with regard to her previous statements recorded during her medical examination.

4. Mr Khurana, learned senior counsel for the petitioner states that the learned Sessions Court while relying on Section 145 of the Indian Evidence Act, 1872 did not permit the petitioner to confront the prosecutrix with regard to her statements recorded in the MLC, wherein it has been stated that the prosecutrix was in a voluntary relationship with the petitioner.

5. He further states, that in case, the petitioner is not permitted to confront the prosecutrix, with regard to her statements recorded in the MLC, serious prejudice will be caused to the petitioner as it is a vital piece of evidence which may ensue to the petitioner’s favour .

6. I