- (1.) HEARD learned counsel for the applicant and learned AGA for the State respondent.
(2.) THIS application under Section 482 Cr.P.C. has been filed for quashing the impugned orders dated 4.6.2014 passed by the learned Additional Sessions Judge, Court No.13, Lucknow in Case Crime No.171 of 2011, Session Trial No.386/2013, under Sections 324, 354, 504, 506, 376 IPC, Police Station Kakori, District Lucknow, feeling aggrieved by the order whereby application by the accused for permitting him to get alleged love letters of the victim to which she has denied in her cross -examination, to be examained by hand writing expert has been rejected.
(3.) EXHAUSTIVE statement of facts are not required to be narrated for the disposal of this petition, suffice its to say that in the instant case it has been alleged that several love letters were written by the victim to the accused which has been filed on 12.7.2013. As the victim has denied writing of these love letters so, the hand writing of alleged love letters are essential to be examained by a hand writing expert in order to prove that the accused and the victim were acquainted with each other and they were intimate to each other. Trial Court rejected this application on the ground that there is no occasion to get the hand writing of alleged love letters examined by any hand writing expert as the victim has denied to have written those love letters. Learned AGA has submitted that the case is ripe for disposal as seven prosecution witnesses have been examined, statement of accused has also been recorded under Section 313 Cr.P.C., and this application has been moved for delaying the disposal of the case. It was also submitted that if at all it be taken into account that alleged love letters are written by victim, then too, this does not give a right to the accused to attempt rape and assault her with sharp edged weapon in case she resists the indecent advances of the accused.;