- (1.) IN this petition filed under Section 482 Cr.P.C., petitioner has prayed for quashing of order dated 03.09.2014 (Annexure P -6) passed by Additional Sessions Judge, Kaithal, whereby application under Section 311 Cr.P.C., filed by petitioner for recalling prosecution witness PW -5 -Rameshwar Dass, Head Teacher, G.P.S. Sanch for further cross -examination was declined.
(2.) PETITIONER alleged that FIR No.86 dated 14.04.2014 under Sections 363 and 366 IPC was registered against him by father of Paramjeet namely Ishwar Singh on the ground that Paramjeet is aged about 18 years and Jitender @ Challu son of Fateh Singh has enticed her away. The challan was presented against the petitioner under Sections 363/366/366 -A IPC and charges were framed under Sections 363/366 IPC.
(3.) THE prosecution examined prosecutrix as PW -1 and complainant appeared as PW -4. In order to prove the age of the prosecutrix, Rameshwar Dass, Head Teacher, G.P.S. Sanch was examined as P -5, who at the time of deposition tendered documents Exs.PE/1 and PE/2 which were not part of challan. The petitioner was taken by surprise. Those documents were not handed over prior in time and petitioner could not comprehend the import of said documents and could not prepare the valid ground to shatter veracity of these documents. The documents in question were in the nature of entry of Paramjeet in the school with declaration of complainant and letter for admission in school. Perusal of these documents (Annexures P -3 and P -4) collectively prima facie show the name of student as Paramjit, date of birth 10.10.1999, father's name as Ishwar Singh, mother's name as Mewa Devi and very interestingly in the letter of admission in school, recital has been made that the applicant certify that "this letter is for admission of my son Paramjit in your school.";