HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3813/2022

Rohit Kumar S/o Nanak Chand, R/o Village Braham Bad, Police

Station Rudawal, District Bharatpur, Rajasthan.

----Petitioner

Versus

1.State Of Rajasthan, Through P.P.

----Respondent

2.Victim XXX d/o Rambabu, aged about 50 years, r/o house

no.14, Mahaveer Nagar, Kartarpura Phatak, Jaipur.

---Victim-respondent

For Petitioner(s)

:

Mr. Rahul Tiwari, Adv. on behalf of

Mr. Khizer Iqbal Khan, Adv.

For State

For respondent No.2

:

:

Mr. Mahendra Meena, PP

None Present

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

03/11/2022

By way of this Criminal Miscellaneous Petition,

petitioner wants to challenge the order dated 29.03.2022 passed

by the learned Special Judge, Protection Of Children From Sexual

Offences Act, 2012 (POCSO) Act) No.2, Jaipur Metropolitan

(for short “learned trial Court”), whereby cross examination of

Prosecutrix (PW-1) has been closed.

Learned counsel for the petitioner submits that the

learned trial Court has wrongly closed the cross-examination of

prosecutrix (PW-1). Learned counsel for the petitioner further

submits that in the interest of Justice, one chance may be given to

the petitioner on cost, so, he can put up his case by cross-

examining the prosecutrix (PW-1).

(2 of 2)

[CRLMP-3813/2022]

Learned Public Prosecutor has opposed the Criminal

Miscellaneous Petition.

I have considered the arguments advanced by learned

counsel for the petitioner as well as learned Public Prosecutor and

perused the impugned order.

In the interest of Justice, I am inclined to grant one

more chance to the petitioner for cross-examination of the

prosecutrix (PW-1) on cost.

Therefore, this Criminal Miscellaneous Petition filed by

the petitioner is allowed and the learned trial Court is directed to

give one chance to the petitioner for cross-examining the

prosecutrix (PW-1) on the cost of Rs.10,000/-.

Stay application stands disposed of accordingly.

(NARENDRA SINGH DHADDHA),J

Seema/79