Court No. - 49
Case :- CRIMINAL REVISION No. - 2344 of 2018 Revisionist :- Janab Ali Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Vivek Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present revision has been filed to quash the judgment and order dated 25.5.2018 passed by learned Special Judge (POCSO Act)/Additional Session Judge, Court No.1, Rampur in Session Trial No. 52 of 2016 (State Vs. Janab Ali), in Case Crime No. 186 of 2016, under Sections 376 IPC and 3/4 POCSO Act, Police Station Bhot, District rampur, by which the application filed by the applicant under Section 311 Cr.P.C. to recall PW- 1/victim has been rejected.
Learned court below has clearly observed that the applicant had been allowed full opportunity to cross-examine said witness, which opportunity had been availed by the applicant. Thereafter, further prosecution witness had been examined. The application filed by the applicant has also been considered on merits by the learned court below and it has been observed that the proposed questions do not appear to be relevant to the charge for which the applicant is being tried. Perusal of the application does indicate that the observation made by the trial court is correct.
The present revision lacks merits and is accordingly dismissed. Order Date :- 26.7.2018 Mini