Court No. - 33
Case :- APPLICATION U/S 482 No. - 19363 of 2018 Applicant :- Ankit Srivastava Opposite Party :- State Of Up And Another Counsel for Applicant :- Manu Khare,Mrityunjay Khare Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for setting aside the order dated 30.04.2018 passed by Additional Sessions Judge, Court No. 1, Mirzapur in Sessions Trial No. 33 of 2016 (State Versus Ankit Srivastava alias Saket) arising out of Case Crime No. 1023 of 2016, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, P.S. Katra, District Mirzapur.
It is noted in the impugned order that the prosecution evidence has been concluded and statement of accused under Section 313 Cr.P.C. has been recorded. Victim has been fully cross examined on the point of her age and documentary evidence of age is on record. The applicant moved an application under Section 311 Cr.P.C. to recall Amit Kumar Jaiswal P.W.-1, father of the victim for cross examination on the point of age of the victim. The court below rejected the application for the reason that there is documentary evidence, as well as, the statement of the victim regarding her age, therefore, the applicant cannot be permitted to fill up lacuna in the case.
Learned counsel for the applicant has placed reliance on the decision rendered in Rajendra Prasad Versus Narcotic Cell through its officer in charge, (1999) 6 SCC 110.
The facts of the case relied upon would not apply on the facts of the instant case.
Learned counsel for the applicant failed to point out any illegality, perversity or jurisdictional error in the impugned order.
The application being devoid of merit is accordingly dismissed.
Order Date :- 29.5.2018 K.K. Maurya