Jaya Roy, J. - (1.) Heard the learned Counsel for the petitioner and the learned Counsel for this State. The petitioner has filed the instant revision application against the order dated 6.3.2010 passed by the Additional District Judge. F.T.C.-I, Gumla in S.T. No. 137 of 2008 arising out of Basta P.S. Case No. 27 of 2008 and G.R. No. 236 of 2008 registered under sections 363. 366 and 366-A of the Indian Penal Code, whereby the Additional District Judge, Gumla has rejected the application filed by the petitioner for her re-examination under section 311 of the Code of Criminal Procedure in connection with the case.
(2.) The petitioner filed an application for her re-examination under section 311 of the Cr. P.C. on the record that earlier she has given wrong statement under the pressure of the police. She has further stated in her petition that the accused Rejesh Kumar has never kidnapped her nor she had gone any where along with Puja Kumari (P.W. 5). She has also stated in her petition that she has already compromised the case with the accused.
(3.) The Counsel of the petitioner submits that it has come on the ground that another girl Puja Kumari (P.W. 5) who is the main victim, has been examined in this case and turned hostile. It has also come that the said Puja Kumari married the accused in a Temple and compromised the matter. He has further contended that the present petitioner has sought permission for her re-examination in the aforesaid circumstances of the case. In this connection the Counsel of the petitioner has cited a decision of this Court in Tetri Devi v. Sukro Mahto and others, 2005 (1) JLJR 363 , in which it is held:- "3. From perusal. it is obvious that a petition was filed for the re-call of the prosecutrix for further cross-examination in the background of the compromise petition which was filed as back as on 29.3.2002 and in this respect section 311, Cr. P.C. is also very much clear and thereby the Trial Court ought to have granted the prayer of the petitioner for recalling the prosecutrix for her further cross-examination for the ends of justice.";