Court No. - 75
Case :- CRIMINAL REVISION No. - 1528 of 2020 Revisionist :- Neeraj Opposite Party :- State Of U.P.And Another Counsel for Revisionist :- Gunjan Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the revisionist-applicant, learned AGA for the State and perused the record.
By means of this criminal revision, revisionist-applicant has challenged the order dated 18.01.2020 passed by Additional Sessions Judge, Sant Kabir Nagar in Special Sessions Trial No. 301 of 2018 (State Vs. Neeraj), arising out of Case Crime No. 190 of 2018, under Section 376-D IPC and Section 5/6 of POCSO Act, Police Station Khalilabad, District Sant Kabir Nagar, by which, revisionist-applicant's application under Section 311 CrPC has been rejected.
Learned counsel for the revisionist-applicant has submitted that impugned order passed by the trial court is wholly illegal and against the material on record. She has next submitted that questions, which are sought to be put to the prosecution witness goes to the root of the case and are necessary for the just decision of the case and there is no intention on the part of the applicant to fill lacuna of the case by recalling PW-2.
Learned counsel for the revisionist-applicant has relied upon two decisions of the Hon'ble Apex Court being Criminal Appeal No. 709 of 2013, Natasha Singh Vs. CBI (State) and Appeal (Crl.) No. 621 of 1999, Rajendra Prasad Vs. Narcotic Cell Through its Officer Incharge, Delhi.
Per contra, learned AGA for the State has vehemently opposed the prayer and has submitted that the trial court has passed just, proper and legal order, which do not call for any interference by this Court. The examination-in- chief of PW-2 was conducted on 04.12.2018 and thereafter, she was cross-examined, which concluded on 03.01.2019.
Perusal of the record shows that questions, which are sought to be put to the prosecution witness PW-2 has already been put to her in her cross-examination and the witness has already been examined in this respect. The intention of Section 311 CrPC has never been to reappraise the entire cross-examination conducted by the counsel. Present revision has been filed only to delay the trial, which has been pending since 2018, as such, there is no force in the present revision and is liable to be dismissed.
Having considered the rival submission made by learned counsel for the parties and keeping in view of the fact that questions, which are sought to be put to PW-2 by recalling her has already been put to her during her cross- examination and in exercise of power under Section 311 CrPC, reappraising the entire cross-examination is not permissible. The judgments relied upon by learned counsel for the revisionist-applicant are distinguishable on facts.
In view of the aforesaid facts and circumstances, impugned order passed by the trial court is just, proper and legal and do not suffer from any illegality and impropriety. Present criminal revision is devoid of merit and is accordingly dismissed.
Order Date :- 7.1.2021 NA