S.G.CHATTOPADHYAY,J. - (1.)Heard Mr. A. Acharjee, learned counsel appearing for the petitioner. Also heard Mr. R. Datta, learned P.P. appearing for the State Respondent along with Mr. S. Debnath, learned Addl. P.P.
(2.)By means of filing this criminal revision petition, accused petitioner has challenged the order dtd. 9/9/2022 passed by the Special Judge (POCSO), West Tripura, Agartala in case No. Special (POCSO) 03 of 2022 whereby the learned Special Judge allowed the petition moved by the prosecution under sec. 311, Cr.P.C. for recalling the first informant of this case for her re-examination to take into evidence the birth certificate of the victim in the course of trial.
(3.)Mr. A. Acharjee, learned counsel submits that the sole purpose of recalling the witness was to cure the lacuna in the prosecution case which is not permissible under the law. Counsel has contended that once the witness was examined during trial, the trial court was not justified in recalling the witness in exercise of power conferred under sec. 311 Cr.P.C. in the given circumstances. Counsel, therefore, urges the Court to set aside the impugned order passed by the learned Special Judge.
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