- (1.) The Petitioner has invoked the inherent jurisdiction of this Court for setting aside the order dated 12.10.2009 passed in Sessions Trial No. 637 of 2007 by the Additional Judicial Commissioner, F.T.C.-VI, Ranchi by which a petition filed on his behalf under Section 311 Code of Criminal Procedure for recall of the prosecutrix P.W. 1 Mamta Kumari for her further cross examination was rejected.
(2.) The Petitioner is facing charge under Section 376 I.P.C.
(3.) Learned Counsel submitted that the prosecutrix was examined on behalf of the prosecution and cross examined at length, who on account of inadvertence of the defence Counsel certain relevant questions could not be put to her and for that the Petitioner has been prejudiced. The Petitioner wants that certain limited question should be put to her and the sample of the questions was given in the petition, which was filed before the Trial Judge (Annexure-2) but the petition under Section 311 was rejected with the observation, Applying above position of law in the fact of the instant case, I find that all the questions which has been framed in para 34 and other paragraphs of the petition, stood well rephed and covered in para 13,14,16,22,23,25,26,27,28 and 29 of the cross examination of P.W. 1 informant/prosecutrix/victim. There is not a single question, as framed in the petition which requires further corss examination of the prosecutrix P.W. 1, who originally belong to Nepal. Learned Addl. P.P. is correct with the submission that P.W. 1 has been extensively cross examined in as many as 31 paragraphs extending to two years continuity. After going through the petition and also deposition of P.W. 1 this Court does not find any reason to recall P.W. 1 as all the questions posed in the petition are already replied in the extensive cross examination of the witness. In result, I do not find any merit in the petition Under Section 311 Code of Criminal Procedure filed on behalf of the accused which is rejected. In view of the fact that judgment of the case has been adjourned twice due to representation filed by the accused Under Section 317 Code of Criminal Procedure for one reason or another. Put up on 14.10.09 for judgment.;