IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2526 OF 2025 (Arising out of SLP(Criminal) No.15114 of 2023)

STATE OF CHHATTISGARH …APPELLANT(S)

VERSUS RAKESH KUMAR RATRE …RESPONDENT(S)

J U D G M E N T

1. Leave granted.

2. The appeal is arising out of the impugned judgment and order dated 03.11.2023 passed by the High Court of Chhattisgarh at Bilaspur in CRR No.996 of 2023, whereby the High Court has allowed the said revision application filed by the respondent – accused and set aside the order dated 01.08.2023 passed by the First Additional Sessions Judge (POCSO), District Janjgir Champa, Chhattisgarh in Special Sessions Trial No.36 of 2022 (“Trial Court”).

3. The Trial Court had rejected the application of the respondent seeking direction to call the Judicial Magistrate, Pamgarh, as a defence witness, for evidence, who had recorded the statement of the prosecutrix under Section 164 of the Code of Criminal Procedure.

4. Heard the learned counsel appearing for the appellant –

Signature Not Verified Digitally signed by State of Chhattisgarh. None is present for the respondent RAVI ARORA Date: 2025.05.08

16:55:52 IST Reason:

when the matter is called out. On th