Jay Sengupta, J. - (1.) This is an application challenging an order dated 05.09.2020 passed by the learned POCSO Court-cum-Additional Sessions Judge, 2nd Court, Cooch Behar under Sections 302, 376A read with Section 201 of the Penal Code and Section 6 of the POCSO Act.
(2.) Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is one of the accused in this case. In the course of trial, on 03.08.2017 one Atiyar Mia was examined as PW 2 and was declared hostile. He was cross-examined by the prosecution. The learned defence of the co-accused declined to cross-examine him. Subsequently, the present petitioner filed an application under Section 311 of the Code seeking recalling of the said witness for proper cross-examination by him. It is the contention of the petitioner that the cross-examination by the prosecution has significantly prejudiced the present petitioner and the petitioner ought to extensively cross the witness. The probative value of the cross-examination by the prosecution is not much and the said issue ought to be settled at the earliest. Otherwise, the same will cause irreparable harm and prejudice to the present petitioner.
(3.) I have heard the submissions of the learned Counsel appearing on behalf of the petitioner and have perused the revision petition.;