SABINA,J. - (1.) Petitioner has filed this petition challenging the orders dated 6.10.2017 and 17.11.2017.
(2.) Learned counsel for the petitioner has submitted that FIR was registered against the petitioner and his co-accused with regard to commission of offence of rape. So far as the petitioner is concerned, challan was presented against him before the Juvenile Justice Board as he was a juvenile at the time of the alleged occurrence. Challan was presented against the co-accused Chandrashekhar before regular court. During trial of co-accused Chandrashekhar @ Jeetu @ Sunil, prosecutrix as well as her father did not support the prosecution case and consequently accused Chandrashekhar @ Jeetu @ Sunil was acquitted by the trial court vide order dated 7.3.2014 (Annexure 05). Petitioner was not aware of the said fact. Consequently, the statements made by prosecutrix and her father on 11.1.2013 during trial of co-accused could not be put to the said witnesses during trial of the petitioner. It was very necessary in the interest of justice to put the statements made by the prosecutrix and her father during trial of the co-accused of the petitioner to them in the present trial of the petitioner.
(3.) Learned State Counsel, on the other hand, has opposed the petition.;