N.PRUSTY, J. - (1.)THE petitioner, who is facing trial in S.T. No. 63/159 of 2002 arising out of G. R. Case No.1184 of 2001 pending in the Court of the learned Addl.Sessions Judge, Fast Track Court No.1, Bhadrak for commission of the alleged offences punishable under Sections 493, 417 and 376 I.P.C., has filed this Criminal Revision challenging order dated 20.8.2005 wherein the learned trial Court rejected the petition dated 21.7.2005 filed by the accused -petitioner under Section 311 Cr.P.C. for recalling P.W. 10 (Mayadhar Biswal) for further cross -examination and for examination of one Rama Kanta Swain, Headmaster of Bhandaripada Primary school with further prayer to issue summon to said Ramkanta Swain to produce the School Admission Register and School Leaving Certificate Book of Bhandaripada Primary School.
(2.)THE first prayer of the accused -petitioner for recalling P.W.10 was rejected by the learned trial Court relying on a decision in the case of Dara Singh @ Rabindra Kumar Pal and others Vs Republic of India reported in 4(2003) Crimes 252 on the ground that the petitioner has not mentioned anything in the petition with regard to specific question to be put to P.W.10. The second prayer of the petitioner for summoning Ramakanta Swain, Headmaster, Bhandaripada Primary School was rejected on the ground that no documents were filed by the accused -petitioner to satisfy the Court to show existence of those documents in his custody and moreover since the petition was filed at a such belated stage, when the case is fixed for argument, the learned Court was not inclined to allow such prayer.
As it appears from the copy of the order sheet filed in this case, P.W.10 (Mayadhar Biswal) was examined, cross -examined and discharged on 15.3.2005 and on the basis of his statements Exts.7/2,8/2,10,10/1,11,11/1 and Ext.A were marked. On 2.4.2005, the accused himself was present in the Court. The defence lawyer and the Addl. Public Prosecutor were also present. Learned Addl. Public Prosecutor filed a memo that all the witnesses were already examined. Keeping in view the memo filed by the Addl. Public Prosecutor, the prosecution case was closed on that date and the case was adjourned to 4.4.2005 for accused statement under Section 313 Cr.P.C. The petitioner did not file the copies of subsequent orders from 4.4.2005 to 18.5.2005. Order dated 18.5.2005 indicates that the matter was taken up on that date with regard to transferring the case to the Juvenile Justice Board for enquiry as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 on the ground that the accused -petitioner was below 18 years of age on the date of occurrence as per the School Leaving Certificate issued by the Headmaster of Dhusuri M.E. School since the recorded date of birth of the accused -petitioner was 6.3.1986 and the evidence of the Headmaster, Dhusuri M.E. School (P.W.10) also confirms the same. On that date, learned trial Court considering all the materials available on record rejected the prayer to transfer the case to Juvenile Justice Board for enquiry. As it appears from the above order -dated 18.5.2005, no application was filed by the petitioner to recall P.W.10 for further cross -examination indicating the grounds for the same. Certified copies of the orders from 18.5.2005 to 21.7.2005 have not been filed in the case. On 21.7.2005, an application under Section 311 Cr.P.C. was filed by the accused -petitioner, which was adjourned to 25.7.2005 for enabling the prosecution to file its objection. Finally, the said petition was considered and disposed of by the impugned order dated 20.8.2005, which is under challenge before this Court in this Criminal Revision.

(3.)MR . Dhal, learned counsel appearing on behalf of the petitioner submits that P.W.10 (Mayadhar Biswal), Headmaster of Dhusuri M.E. School, where the victim girl and the accused -petitioner were studying, was not a charge -sheeted witness. On the basis of an application filed by the prosecution he was directed to produce the School Admission Register and the School Leaving Certificate Book for the year 1988 to 1996, which are not part of the police record as those documents were not seized during investigation. On 15.3.2005, P.W.10 was examined, cross -examined and discharged. He proved certain documents as stated above. Exts.7 and 8 are the School Leaving Certificate of the petitioner wherein the date of birth of the petitioner was mentioned as 6.3.1986. Ext.A is the relevant entry in respect of the petitioner in the School Admission Register. Exts. 10 and 11 are the relevant entries in the School Admission Register and the School Leaving Certificate of the informant, which were also proved by P.W.10. Due to some inadvertence, some relevant questions regarding the context and genuiness of Exts.10 and 11 were not put to P.W.10 at the time of cross examination, hence his further cross -examination is necessary. Issue of summon to Ramakanta Swain, Headmaster of Bhandaripada Primary School to produce the Admission Register and the School Leaving Certificate Book is necessary since the informant (victim girl) was studying in that school and the entries made in Exts.10 and 11 are based on the records of Bhandaripada Primary School and those entries were made by Shri Ramakanta Swain, and once the above mentioned records of Bhandaripada Primary School are produced and Ramakanta Swain is examined as defence witness, the correct age of the victim girl can only be traced out. The claim of the accused -petitioner is that the victim was not a minor but a major girl since P.W.8 Dr. D. K. Samantaray, an Orthopedic Specialist had opined on the basis of examination of certain medical report in respect of the victim girl that the victim girl was 19 years old and the statement of P.W.8 can be verified from the entries made in the Admission Register as well as the School Leaving Certificate Book of Bhandaripada Primary School since the victim girl was earlier studying there and obtained the School Leaving Certificate for taking admission in Dhusuri M.E. School. Mr. Dhal prays that in the interest of justice, P.W.10 should be recalled for further cross -examination and Ramakanta Swain, Headmaster of Bhandaripada Primary School should be summoned to produce the School Admission Register and the School Leaving Certificate Book as well as to be examined as a defence witness.