opposite party-1 has raised a preliminary objection by contending that the statement-in-chief of prosecutrix i.e. P.W.-1 commenced on 21.01.2023. Her statement-in-chief was closed on 21.01.2023 itself. Thereafter, the prosecutrix was cross-examined on behalf of accused/applicant on 06.02.2023 and 16.02.2023. Ultimately, the deposition of the prosecutrix was closed. After expiry of more than one year and two months from the date of examination-in-chief of the prosecutrix i.e. P.W.-1 was closed i.e. 21.01.2023, an application dated 29.04.2024 under Section 311 Cr.P.C. was filed by accused/applicant before court below for recall of P.W.-1, With reference to the aforesaid application, copy of which is on record as annexure-5 to the affidavit filed in support of this application, the learned A.G.A submits that though the questions proposed to be put to the prosecutrix have been mentioned in the aforementioned application but the relevancy of the same has not been mentioned. Furthermore, the incident giving rise to present criminal proceedings is alleged to have occurred on 04.05.2022 (as per F.I.R.) whereas the questions proposed to be put to the prosecutrix are in respect of the incidents which are alleged to have occurred on 18.11.2022 and 23.11.2022 i.e. after the incident giving rise to present criminal proceedings. As such, the questions relating to the aforesaid incident are wholly irrelevant for deciding the guilt/innocence of the accused/applicant.
