RAJEEV KUMAR DUBEY,J. - (1.)This petition has been filed under Sec. 482 of Cr.P.C. against the order dtd. 13/06/2022 passed in S.C.No.384/2021 whereby learned 13th Additional Sessions Judge/Exclusive Special Judge, POCSO Act District-Bhopal rejected the applicant's application filed under Sec. 311 of Cr.P.C. for recalling the prosecution witness/prosecutrix (PW-1) for cross-examination.
(2.)Brief facts of the case which are relevant to the disposal of this petition are that applicant is facing trial before 13th Additional Sessions Judge/Exclusive Special Judge, POCSO Act District-Bhopal in SC No.384/2021 for the offence punishable under Ss. 302, 201 of the IPC and Sec. 11/12 of POCSO Act and Sec. 67-B of IT Act. During trial of the case, on 13/3/2019 applicant/accused filed an application before the trial court under Sec. 311 of CrPC averring that on 7/3/2018 prosecutrix (PW-1) appeared before the trial Court for recording her statement. On the said date counsel of the applicant did not appear before the trial Court, due to which the applicant could not cross examine the witness, so the applicant should be given an opportunity to cross examine the prosecution witness/prosecutrix (PW-1). Learned trial court vide order dtd. 13/6/2022 rejected the said application. Being aggrieved by the order, the applicant filed this petition.
(3.)Learned counsel for the State opposed the prayer.