S.C.Chaurasia, J. - (1.) HEARD Sri Gaurav Kakkar, learned counsel for the revisionist, Sri Surendra Singh, learned A.G.A. and perused the record.
(2.) THIS Criminal Revision has been preferred against the impugned order dated 06.09.2011, passed by the learned Special Judge (Gangster Act)/Additional Sessions Judge, Court No. 5, Bulandshahr, in Sessions Trial No. 93 of 2009, State Versus Fakeera, under Section 376 I.P.C., whereby, he rejected the accused/revisionist's application under Section 311 Cr.P.C. for recalling the prosecutrix for further cross -examination. Learned counsel for the revisionist has submitted that the application under Section 311 Cr.P.C. can be moved at any stage before delivery of judgment and it cannot be rejected on the ground that it has been moved at belated stage; that the relevant questions, which were proposed to be asked from the prosecutrix, have been mentioned in the application itself and further cross -examination on those points is essential for just decision of the case; that if an opportunity to further cross -examine the prosecutrix is not provided, the accused/revisionist may be prejudiced in his defence. He has further submitted that the learned trial court without its judicial mind has rejected the accused/revisionist's application illegally and hence, the impugned order deserves to be quashed.
(3.) LEARNED A.G.A. has submitted that reasonable opportunity was provided to the accused/revisionist to cross -examine the prosecutrix and he had also availed the said opportunity and the application under Section 311 Cr.P.C. has been moved for further delaying the proceedings of the trial and it has been rejected by the learned trial court rightly and the impugned order does not call for any interference.;