- (1.) Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is aggrieved by the order dated 23.7.2013 passed by the learned Additional Sessions Judge-II, Bokaro, in S.T. No. 452 of 2010, whereby the application filed by the petitioner under Section 311 of the Cr.P.C. for examining the defence witness has been rejected by the Court below.
(2.) The impugned order shows that the statement of the accused was recorded under Section 313 of the Cr.P.C. on 5.7.2013, on which date the junior counsel for the petitioner submitted that the defence did not want to adduce any evidence, upon which, the defence evidence was Closed and the case was fixed for arguments on 11.7.2013. It appears that the case was argued in part and was fixed for further arguments on 19.7.2013, when the petition was filed under Section 311 of the Cr.P.C. for examining the one witness by the defence. The Court below rejected the application filed by the petitioner stating that it was on the prayer of the petitioner that the defence evidence was closed and even in the statement recorded under Section 313 of the Cr.P.C. the petitioner had not stated that he wanted to adduce any evidence, and accordingly, the application filed by the petitioner was rejected by the Court below.
(3.) Learned counsel for the petitioner has submitted that the petitioner is facing the trial for the offence under Section 376 of the I.P.C. on the allegation that he sexually exploited the informant on the false pretext of marrying her. The informant is the co-villager of the petitioner and the petitioner only wanted to adduce the evidence to show that she knew the fact from before that the petitioner was already married. Learned counsel accordingly, submitted that an opportunity is required to be given to the petitioner for adducing the evidence for just decision in the case. It is further submitted that the trial has not yet concluded and is still pending in the Trial Court below. Learned counsel undertakes that the petitioner shall take only one date for examining the witness and he shall not take any further adjournment for examining the witness.;